Madras High CourtWP(MD)/11203/2015disposed of

K.Gopinath v. The Revenue Divisional

2016-08-05Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P(MD)No.11203 of 2015 and M.P.(MD)No.1 of 2015 K.Gopinath .. Petitioner Vs.

1.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Sivagangai, Sivagangai District.

2.The Tahsildar, Sivagangai Taluk, Sivagangai District.

.. Respondent PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to forbear the Respondent Nos.1 and 2 from initiating Departmental Proceedings against the Petitioner without providing Subsistence Allowance as per Rule 53(1) of Fundamental Rules of The Tamil Nadu Government. For Petitioner : Mr.T.Lajapathi Roy For Respondents: Mr.Aayiram K. Selvakumar Government Advocate ***

O R D E R

This Writ Petition has been filed for issuance of a Mandamus to forbear the Respondent Nos.1 and 2 from initiating Departmental Proceedings against the Petitioner without providing Subsistence Allowance as per Rule 53(1) of Fundamental Rules of The Tamil Nadu Government.

2.Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents. https://hcservices.ecourts.gov.in/hcservices/ 3.Though the Writ Petition has been filed for issuance of a Mandamus to forbear the Respondent Nos.1 and 2 from initiating

Departmental Proceedings against the Petitioner without providing Subsistence Allowance as per Rule 53(1) of Fundamental Rules of The Tamil Nadu Government, the petitioner is now seeking indulgence of this Court to give a direction to the Revenue Divisional Officer, Sivagangai District, first respondent herein, to consider the petitioner's representation that was submitted by him on 04.04.2015. Accordingly, without expressing any opinion on the merits of the case, I am inclined to direct the first respondent to consider the representation of the petitioner dated 04.04.2015 on merits and pass appropriate orders in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

4.With the above direction, this Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar SRM To 1.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Sivagangai, Sivagangai District.

2.The Tahsildar, Sivagangai Taluk, Sivagangai District.

+1CC to Mr.T.Lajapathi Roy, Advocate Sr.No.42501 GJM/PV/MPA/18.8.16-2p-4c W.P.(MD)No.11203 of 2015 05.08.2016 https://hcservices.ecourts.gov.in/hcservices/