Maruthanayagam v. Accountant General (Accounts And Entitlements), Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA Maruthanayagam ... Petitioner Vs

1. Accountant General (Accounts And Entitlements), Tamil Nadu, 361 Anna Salai, Teynampet, Chennai - 600018.

2. The Superintendent of Police, Theni District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to take necessary action based on the petitioner's representation, dated 03.05.2023. For Petitioner : Mr. S.A.Ajmalkhan For Respondents : Mr.S.Shanmugavel (R2) Additional Government Pleader Mr.P.Gunasekaran (R1) 1/5

ORDER

Heard Mr.S.A.Ajmalkhan, learned counsel for the petitioner, Mr.P.Gunasekaran, learned counsel for the first respondent and Mr.S.Shanmugavel, learned Additional Government Pleader, for the second respondent.

2.This Writ Petition has been filed for a direction to the 1st respondent to take necessary action based on the petitioner's representation, dated 03.05.2023.

3. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

4.When the matter is taken up for hearing today, the learned Counsel appearing for the first respondent submitted that the representation of the petitioner has been considered and the following order has been passed on 28.08.2023:

"Mercy petition can be entertained by Head of State and not by the Head of Department. Hence orders issued in REF No.852/2022, dated 05.10.2022 is not in consonance with Hon'ble High Court 2/5

Judgment on a similar subject. The matter may be referred to Government"

5.Even the above order would only show that the papers have been returned for want of certain particulars from the second respondent. Since the representation of the petitioner has not yet been considered and still pending, in view of the particulars yet to be submitted by the second respondent to the first respondent.

6.In view of the above reasons, the second respondent is directed to furnish the particulars as sought by the first respondent, within a period of two weeks from the date of receipt of copy of this order. On receipt of the same, the first respondent shall consider the same and pass appropriate orders within a period of four weeks, thereafter.

7. With the above direction, this writ petition is disposed of. No costs.

26.06.2024 NCC : Yes / No Index : Yes / No Internet : Yes PNM 3/5

To

1. Accountant General (Accounts And Entitlements), Tamil Nadu, 361 Anna Salai, Teynampet, Chennai - 600018.

2. The Superintendent of Police, Theni District.

4/5

R.N.MANJULA, J.

PNM ORDER IN 26.06.2024 5/5