Madras High CourtWP(MD)/10401/2017disposed of

A.Rajendran, v. The Principal Secretary

2017-06-06Honourable Mr Justice S.S. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.06.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.10401 of 2017 A.Rajendran .. Petitioner Vs.

1. The Principal Secretary to Government, Finance (Pay Cell) Department, Secretariat, Chennai.

2. The Accountant General(A&E), Anna Salai, Teynampet, Chennai.

3. The Superintendent of Police, Special Branch C.I.D., Chennai - 04.

.. Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the third respondent to consider the petitioner's representations, dated 24.02.2017 and 24.03.2017 and disburse the amount of Rs.27,984/- as per the proceedings of the second respondent vide AG(A&E) PENPO5/2/REV/10520467/GPO, dated 05.01.2017 forthwith. For Petitioner : Mr.K.Mahendran For R-1 & R-3 : Mr.J.Guneseelan Muthaiah, Government Advocate.

For R-2 : Mr.P.Gunasekaran

O R D E R

This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing the third respondent to consider the petitioner's representations, dated 24.02.2017 and 24.03.2017 and disburse the amount of Rs.27,984/- as per the proceedings of the second respondent vide AG(A&E) PENPO5/2/REV/10520467/GPO, dated 05.01.2017 forthwith.

2. Heard, Mr.K.Mahendran, learned counsel appearing for the petitioner and Mr.J.Guneseelan Muthaiah, learned Government Advocate appearing for the respondents 1 and 3 and Mr.P.Gunasekaran, learned counsel appearing for the second respondent.

3. Mr.J.Guneseelan Muthaiah, learned Government Advocate, takes notice for the respondents 1 and 3 and Mr.P.Gunasekaran, learned counsel takes notice for the second respondent. By consent, the Writ petition itself is taken up for final disposal.

4. Though the Writ petition is for issuing a Writ of Mandamus to give a positive direction to the third respondent, the learned counsel for the petitioner submits that the petitioner will be satisfied if a direction is issued to the third respondent to consider the representation of the petitioner, dated 24.02.2017 and 24.03.2017 and pass appropriate orders on merits within the time stipulated by this Court.

5. Having regard to the limited scope of the prayer that is now sought for by the learned counsel for the petitioner before this Court, without expressing any opinion on the merits of the petitioner's case, this Court is inclined to issue the following direction:- "The third respondent is directed to consider the representation of the petitioner, dated 24.02.2017 and 24.03.2017, 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."

6. Accordingly, the Writ petition is disposed of. No costs. Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To

1. The Principal Secretary to Government, Finance (Pay Cell) Department, Secretariat, Chennai.

2. The Accountant General(A&E), Anna Salai, Teynampet, Chennai.

3. The Superintendent of Police, Special Branch C.I.D., Chennai - 04.

+ 1 CC TO Mr.P.GUNASEKARAN, ADVOCATE IN SR No. 59108 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 58809 + 1 CC TO Mr.K.MAHENDRAN, ADVOCATE IN SR No. 58649 PMU TE/SKN/SAR-I : 13/06/2017 : 3P/7C ORDER MADE IN W.P.(MD).No.10401 of 2017 06.06.2017