Madras High CourtWP(MD)/13911/2017disposed of

M.Paulraj, v. The Director Of Public

2017-07-27Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD)No.13911 of 2017 M.Paulraj : Petitioner -Vs1. The Director of Public Health and Preventive Medicine, 359, Anna Salai, Teynampet, Chennai-6.

2. P.Sivanantham : Respondents PRAYER:Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to cancel the nomination of the petitioner in Form VIII under Rule 12 (b) of the PFA Act 1954 based on the representation dated 25.03.2017.

For Petitioner : Mr.V.Pasumpon.

For Respondents : Mr.A.Muthukaruppan, Additional Government Pleader (for R1)

O R D E R

This Writ Petition is filed seeking for the issuance of a Writ of Mandamus directing the respondents to cancel the nomination of the petitioner in Form VIII under Rule 12 (b) of the PFA Act 1954, based on the representation dated 25.03.2017. 2.Mr.A.Muthukaruppan, learned Additional Government Pleader takes notice for the first respondent. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3.According to the petitioner, he has joined in the second respondent company in the year 1978. During his service, he represented the company as a nominee to defend the company in respect of the commission and omission of the statutory requirements contemplated under the Act.

https://hcservices.ecourts.gov.in/hcservices/

4.The petitioner would claim that he retired from service on attaining the age of superannuation on 15.01.2015 and thereafter, he sent a representation dated 25.03.2017 to the first respondent, who is the competent authority, to cancel his nomination. Since it was not considered, the present writ petition. 5.Considering the facts and circumstances of the case, this Court, without going into the merits of the matter, directs the first respondent to consider the representation of the petitioner dated 25.03.2017 and pass appropriate orders on merits and in accordance with law, after providing opportunity to all necessary parties, within a period of eight weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To The Director of Public Health and Preventive Medicine, 359, Anna Salai, Teynampet, Chennai-6.

+1cc to M/S. V.PASUMPON, Advocate, SR.No.68901. +1cc to Special Government Pleader, SR.No.68909. W.P(MD)No.13911 of 2017 27.07.2017 rmk/skn SDS/MR:KKR/SAR 1/08.08.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/