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Madras High CourtWP(MD)/8780/2021disposed of

Rukmani.A.V v. The Secretary

2021-04-29Honourable Ms.Justice V.M.Velumani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2021

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI A.V.Rukmani ... Petitioner vs.

1.The Secretary, Rural Development and Panchayat Raj Department, Secretariat, Fort St. George, Chennai - 600 009.

2.The Director of Town Panchayats, Directorate of Town Panchayats, 7th and 8th Floor, Raja Annamalaipuram, Chennai - 28.

3.The Assistant Director of Town Panchayats, Nagercoil, Kanyakumari District.

4.The District Collector, Kanyakumari District, Nagercoil.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the third respondent to give the Document Nos.1 to VI or to allow the petitioner for perusing Document Nos.1 to VI for proving the petitioner's stand with regard to the charge-memo, dated 24.02.2021 issued against her on the basis of the petitioner's representation, dated 01.03.2021.

For Petitioner : Mr.M.Sankar For Respondents : Mr.C.Ramar Additional Government Pleader

ORDER

This Writ Petition is filed seeking a Writ of Mandamus, directing the third respondent to give Document Nos.1 to VI or to allow the petitioner for perusing Document Nos.1 to VI for proving her stand with regard to the charge-memo, dated 24.02.2021, issued against her on the basis of her representation, dated 01.03.2021. 2.Mr.C.Ramar, learned Additional Government Pleader accepts notice on behalf of the respondents.

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3.By consent, the Writ Petition is taken up for final disposal at the stage of admission itself.

4.According to the petitioner, while she was working as an Executive Officer in Alagaiyapandiyapuram Municipality, Kanyakumari District, a charge-memo, dated 24.02.2021, was issued to her. The petitioner has given explanation to the said charge-memo. Further according to the petitioner, she has to peruse the documents mentioned in the affidavit to defend her case. Hence, the petitioner sent a representation, dated 01.03.2021, to the third respondent. Since the same has not been considered, the petitioner has come out with the present Writ Petition.

5.Mr.C.Ramar, learned Additional Government Pleader appearing for the respondents, on instructions, submitted that the third respondent has furnished all the documents required by the petitioner and prayed for dismissal of the Writ Petition. 6.From the materials available on record, it is seen that the petitioner seeks copies of six documents so as to enable her to putforth her case in the domestic enquiry. The learned Additional Government Pleader submitted that all the copies were furnished to the petitioner.

7.In view of the above, without deciding the issue on merits, the third respondent is directed to consider the representation of the petitioner, dated 01.03.2021 and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. 8.With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CSIII) // True Copy // / /2021 Sub Assistant Registrar(CS) Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

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To 1.The Secretary, Rural Development and Panchayat Raj Department, Secretariat, Fort St. George, Chennai - 600 009.

2.The Director of Town Panchayats, Directorate of Town Panchayats, 7th and 8th Floor, Raja Annamalaipuram, Chennai - 28.

3.The Assistant Director of Town Panchayats, Nagercoil, Kanyakumari District.

4.The District Collector, Kanyakumari District, Nagercoil.

+1 CC to M/s.SPL GP ( SR-18305[F] dated 30/04/2021 ) 29.04.2021 PM(CO) KB(11.05.2021) 3P 6C 3/3