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Madras High CourtWP(MD)/5906/2019disposed of

S.Titus, S/O.Sivaraman, v. The Principal Secretary/

2019-07-29Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P(MD)No.5906 of 2019 and WMP(MD)Nos.4732 to 4734 of 2019 S.Titus .. Petitioner Vs.

1.The Principal Secretary/ Commissioner of Town and Country Planning, No.807, Anna Salai, Chennai - 2.

2.The Member Secretary, Madurai Local Planning Authority, Aringnar Anna Mazhigai, Madurai - 625 020. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating with the impugned order issued by the 1st respondent in his proceedings in Roc.No.4054/2018 / K2 dated 28.02.2018 and quash the same as illegal and consequentially directing the respondents to reinstate the petitioner into the service.

For Petitioner : Mr.T.Ramesh For Respondents: Mr.Aayiram K.Selvakumar Additional Government Pleader

ORDER

This writ petition has been filed challenging the order of suspension passed by the first respondent in Roc.No.4054/2018 / K2 dated 28.02.2018 against the petitioner. A consequential direction has also been sought for to the respondents to reinstate the petitioner into service.

2.According to the petitioner he was working as Supervisor/Draughtsman, Grade II at Madurai New Town Development Authority, Madurai Palkalai Nagar, Madurai. While so, a case in Crime No.5/2018 came to be registered against him for the offence under Section 7 of the Prevention of Corruption Act, 1988, based on which, he was suspended from service by the proceedings of the first respondent dated 28.02.2018. Challenging the same, the petitioner is before this Court with the aforesaid prayer. https://hcservices.ecourts.gov.in/hcservices/

3.Though the prayer in the writ petition is in the nature of Certiorarified Mandamus to quash the impugned order of suspension, at the time of hearing, the learned counsel for the petitioner submitted that it would suffice, if the representation of the petitioner dated 14.02.2019 is directed to be considered by the first respondent, for which, the learned Additional Government Pleader appearing on behalf of the respondents has no serious objection.

4.Considering the limited scope of the prayer now sought for by the learned counsel for the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the first respondent to consider the petitioner's representation dated 14.02.2019 and pass orders on merits and in accordance with law as expeditiously as possible, preferably, within a period of six weeks from the date of receipt of a copy of this order. 5.The Writ Petition is disposed of with the above direction. No costs. Consequently, WMP(MD)Nos.4732 to 4734 of 2019 are closed. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) To 1.The Principal Secretary/ Commissioner of Town and Country Planning, No.807, Anna Salai, Chennai - 2.

2.The Member Secretary, Madurai Local Planning Authority, Aringnar Anna Mazhigai, Madurai - 625 020.

+1 CC to M/s.T.RAMESH, Advocate ( SR-78356[F] dated 30/07/2019 ) +1 CC to M/s.SPL GP ( SR-78490[F] dated 30/07/2019 ) W.P(MD)No.5906 of 2019 29.07.2019 AM (07.08.2019) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/