Madras High CourtWP(MD)/11681/2017disposed of

M.Malaivelu, v. The State Of Tamil Nadu

2017-06-23Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.11681 of 2017 and WMP(MD).No.8997 of 2017 M. Malaivelu ... Petitioner Vs.

1.The State of Tamil Nadu, rep. by its Principal Secretary, Finance Department, Fort. St. George, Chennai-09.

2.The Director of Local Fund Audit, Combined Finance Department Office Complex, 4th Floor, Nanthanam, Chennai - 600 035.

... Respondents PRAYER :

Writ petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents from including those in the panel for Assistant Director of Local Fund Audit for the year 2015-2016 in the forthcoming panel for Assistant Director for the year 2016-2017 while making promotion from the post of Inspector of Local Fund Audit to the Post of Assistant Director of Local Fund Audit.

For Petitioner : Mr.S.Louis For Respondents : Mr. C. Selvaraj Special Government Pleader

O R D E R

This Writ Petition has been filed by the petitioner for issuance of a Writ of Mandamus, forbearing the respondents from including those in the panel for Assistant Director of Local Fund Audit for the year 2015-2016 in the forthcoming panel for Assistant Director for the year 2016-2017 while making promotion from the post of Inspector of Local Fund Audit to the Post of Assistant Director of Local Fund Audit.

2. Mr.C.Selvaraj, learned Special Government Pleader takes notice for the respondents.

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3. 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 respondents, the learned counsel for the petitioner submits that the petitioner will be satisfied if a direction is issued to the 2nd respondent, to consider the representation of the petitioner, dated 22.05.2017.

5. Having regard to the limited scope of the prayer, that is now sought before this Court by the learned counsel appearing for the petitioner, without expressing any opinion on the merits of the petitioner's case, this Court is inclined to pass the following direction:- "The second respondent is directed to consider the representation of the petitioner dated 22.05.2017, and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order."

6. With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To 1.The Principal Secretary, State of Tamil Nadu, Finance Department, Fort. St. George, Chennai-09.

2.The Director of Local Fund Audit, Combined Finance Department Office Complex, 4th Floor, Nanthanam, Chennai - 600 035 + 1 CC TO Mr.T.LAJAPATHI ROY, ADVOCATE IN SR No. 61927 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 62035 TRP TE/MR-KKR/SAR-III : 06/07/2017 : 2P/5C W.P.(MD).No.11681 of 2017 and WMP(MD).No.8997 of 2017 23.06.2017 https://hcservices.ecourts.gov.in/hcservices/