Madras High CourtWP(MD)/15605/2019disposed of

M.Veeran v. The Director Of Local Fund Audit

2019-07-16Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR W.P(MD)No.15605 of 2019 M. Veeran ... Petitioner Vs.

1.The Director of Local Fund Audit, Integrated Finance Department Building, 4th Floor, Behind Veterinary College, Nandhanam,Chennai - 35.

2.The Commissioner, Municipal Corporation, Paramakudi, Ramanathapuram District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 1st respondent to comply the 2nd respondent's proposal in Na.Ka.No.493/2018/H1 dated 14.12.2018 to disburse the retirement benefits with pension of the petitioner, within a stipulated time fixed by this Court.

For Petitioner : Mr. A. Rajaram For Respondent : Mr. Aayiram K. Selvakumar Additional Government Pleader

ORDER

This writ petition has been filed for issuance of a direction to the the 1st respondent to comply the 2nd respondent's proposal in Na.Ka.No.493/2018/H1 dated 14.12.2018 and to disburse the retirement benefits with pension of the petitioner, within a stipulated time to be fixed by this Court.

2. Mr. Aayiram K. Selvakumar, learned Additional Government Pleader takes notice for the respondents. By the consent, the writ petition is taken up for disposal at the admission stage itself.

3. According to the petitioner, the 2nd respondent has sent a proposal, dated 14.12.2018, to disburse of the petitioner's retirement benefits with pension, to the the first respondent, but, the same has not been considered so far. Even though, this petition has been filed to give a positive direction to the first respondent, during the course of arguments, the learned counsel appearing for the petitioner restricted the relief sought for by the petitioner and requested to consider the petitioner's representation, dated 20.05.2019 and to pass appropriate orders within the time fixed by this Court.

4. The learned Additional Government Pleader appearing for the respondents submitted that the first respondent would consider the said representation and pass appropriate orders, on merits and in accordance with law, within a time frame to be fixed by this Court.

5. Having regard to the limited scope of the prayer made by the petitioner and considering the submissions made on either side, this Court, without expressing any opinion on the merits of the petitioner's case, directs the 1st respondent to consider the representation of the petitioner, dated 20.05.2019 on merits and in accordance with law and pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order, after affording due opportunity of hearing to the petitioner, if necessary. Needless to say that the petitioner shall forward a copy of the representation along with a copy of this order to the second respondent, to enable him to comply with directions passed by this Court.

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

Sd/- Assistant Registrar (AE) // True Copy // Sub Assistant Registrar(CS ) To 1.The Director of Local Fund Audit, Integrated Finance Department Building, 4th Floor, Behind Veterinary College, Nandhanam, Chennai - 35.

2.The Commissioner, Municipal Corporation, Paramakudi, Ramanathapuram District.

+1 CC to Special Government Pleader ( SR-75691[F] dated 17/07/2019 ) +1 CC to MR.A.RAJARAM, Advocate ( SR-75609[F] dated 17/07/2019 ) W.P(MD)No.15605 of 2019 16.07.2019 trp AE/(26.07.2019) 3P 5C