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Madras High CourtWP(MD)/13611/2020disposed of

I.Rahima v. The Secretary To Government

2020-10-06Honourable Mr Justice Krishnan Ramasamy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.[MD]No.13611 of 2020 I.Rahima ... Petitioner Vs.

1.The Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai-600 009.

2.The Director of Municipal Administration, 6th Floor Ezhilagam Annex Building, Kamarajar Promenade, PWD Estate, Chepauk, Triplicane, Chennai-600 108.

3.The Commissioner of Municipality, Udumalaipettai Municipality, Tiruppur District.

4.The Director, Local Fund Audit, Kuralagam 4th Floor, Chennai-108.

... Respondents PRAYER : This Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the respondents to refund Rs.61,760/- recovered from the gratuity of the petitioner together with interest at the rate of 18% per annum payable from 30.06.2011 within a time limit fixed by this Court. For Petitioner : Mr.A.Rahul For Respondents : Mr.M.Jeyakumar Additional Government Pleader

O R D E R

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.The petitioner filed the present writ petition and brought the inaction on the part of the respondents, under the judicial review by invoking Article 226 of the Constitution of India. 1/3

3.According to the petitioner, she has made a representation on 25.02.2019 explaining her grievances. Though she has made the said representation twenty months back, no action has been taken by the respondents, particularly, the second respondent. 4.Mr.M.Jeyakumar, learned Additional Government Pleader submits that the said representation will be disposed of on merits and in accordance with law.

5.I find that there is a force in the submission made on behalf of the petitioner and absolutely there is a delay in decision making process on the part of the second respondent in disposing of the representation.

6.Thus, I direct the second respondent to dispose of the petitioner's representation dated 25.02.2019, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, without making any further delay in its decision making process.

7.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) cp 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. To:- 1.The Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai-600 009.

2.The Director of Municipal Administration, 6th Floor Ezhilagam Annex Building, Kamarajar Promenade,PWD Estate, Chepauk, Triplicane,Chennai-600 108.

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3.The Commissioner of Municipality, Udumalaipettai Municipality, Tiruppur District.

4.The Director, Local Fund Audit, Kuralagam 4th Floor, Chennai-108.

+1 CC to M/s.A. RAHUL, Advocate ( SR-19258[F] dated 07/10/2020 ) +1 CC to M/s.GP ( SR-19334[F] dated 07/10/2020 ) W.P.[MD]No.13611 of 2020 06.10.2020 NA(CO) AP(15/10/2020) 3P 7C 3/3