Jeeva K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.16150 of 2024 K.Jeeva ... Petitioner Vs.

1.The District Collector, Collectorate, Sivagangai District, Sivagangai.

2. The District Revenue Officer, Collectorate, Sivagangai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the directing the 2nd respondent to reinstate the petitioner in a suitable post on the light of the order passed in W.P.(MD).No.11741/2021 dated 1/6

22.07.2021 by way of considering the petitioner's representation, dated 17.05.2024.

For Petitioner : Mr.S.Sivakumar For Respondents : Mr.N.Ramesh Arumugam Government Advocate

ORDER

Heard Mr.S.Sivakumar, learned counsel appearing for the petitioner and Mr.N.Ramesh Arumugam, learned Government Advocate appearing for the respondents.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. The petitioner who has been kept under suspension on 09.01.2024 has filed this writ petition seeking direction to consider his representation to revoke the suspension.

4. The writ petition in W.P.(MD)No.11741 of 2021 has been 2/6

filed by the petitioner challenging the order refusing to revoke the suspension and to reinstate the petitioner. The writ petition was allowed and an order has been passed setting aside the order of rejection with a direction to reinstate the petitioner within a period of four weeks. Against which, the Writ Appeal in W.A.(MD)No.1967 of 2024 preferred by the respondent Department is also pending.

5. Even if an appeal is filed, when there is no stay for operation of the orders passed in writ petition, the orders could have been complied by the respondents. In the absence of such compliance, the petitioner ought to have filed a contempt petition for not obeying the orders. But for the reasons best known, the petitioner, who had sought an order for reinstatement, did not file any contempt petition for immediate reinstatement. But he has been keeping silent for 3 years and now has filed the writ petition seeking for reinstatement.

6. Since the earlier order itself has been passed directing reinstatement, I do not think that any fresh order is necessary in this writ petition and it is sufficient for the respondents to comply the earlier 3/6

orders, subject to the outcome of the writ appeal in W.A.(MD)No.1967 of 2024 and pass orders in this regard within a period of three weeks.

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

19.07.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM 4/6

To 1.The District Collector, Collectorate, Sivagangai District, Sivagangai.

2. The District Revenue Officer, Collectorate, Sivagangai.

5/6

R.N.MANJULA , J.

RM Order made in W.P.(MD)No.16150 of 2024 19.07.2024 6/6