V.Harikrishnan, v. The Secretary,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.8564 of 2017 and W.M.P.(MD)No.6509 of 2017 V.Harikrishnan, S/o.M.Vaithiyalingam(Late), Driver, Irrigation Management - Training Institute, Thuvakudi, Trichy - 620 015.

..Petitioner Vs.

1. The Secretary, Public Works Department, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai - 600 009.

2. The Director, Irrigation Management Training Institute, Thuvakudi, Trichy - 620 015.

3. K.Manuraj, Director of Irrigation Management- Training Institute and Chief Engineer, Thuvakudi, Trichy - 620 015.

.. Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the original records pertaining to the impugned suspension order No.A3/F123-86(1)/IMTI/2016, dated 25.07.2016 issued by the second respondent and quash the same and direct the respondents to reinstate the petitioner in duty with all consequential service and monetary benefits.

For Petitioner : Ms.T.Banumathy For R-1 : Mr.C.Selvaraj, Special Government Pleader For R-2 : Mr.S.Karthigai Balan

O R D E R

This Writ petition has been filed by the petitioner for issuance of a Writ of Certiorarified Mandamus, calling for the original records pertaining to the impugned suspension order No.A3/F123-86(1)/IMTI/2016, dated 25.07.2016, issued by the second respondent and quash the same and direct the respondents to reinstate the petitioner in duty with all consequential service and monetary benefits.

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2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the first respondent and the learned counsel appearing for the second respondent.

3. Mr.C.Selvaraj, learned Special Government Pleader, takes notice for the first respondent and Mr.S.Karthigai Balan, learned counsel takes notice for the second respondent. By consent, the Writ petition itself is taken up for final disposal.

4. Though the Writ petition is for issuing a Writ of Certiorarified Mandamus to quash the order of suspension and for further directions, the learned counsel for the petitioner submits that the petitioner will be satisfied if a direction is issued to the second respondent to consider the representation of the petitioner, dated 17.11.2016 on merits.

5. Having regard to the limited scope of the prayer that is now sought before this Court by the learned counsel for the petitioner, without expressing any opinion on the merits of the petitioner's case, this Court is inclined to issue the following direction:- "The second respondent is directed to consider the representation of the petitioner, dated 17.11.2016, and pass appropriate orders on merits and in accordance with law, on or before 25.05.2017."

6. Accordingly, the Writ petition is disposed of. No costs. Consequently, connected Miscellaneous petition is closed. Sd/- Assistant Registrar(CSIII) /True Copy/ Sub-Assistant Registrar To

1. The Secretary, Public Works Department, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai - 600 009.

2. The Director, Irrigation Management Training Institute, Thuvakudi, Trichy - 620 015.

+One cc to M/s.T.Banumathy, Advocate, SR.No.55012 +One cc to Mr.S.Karthigai Balan, Advocate, SR.No.55303 pmu RL/5C/2P/MR/SAR4/18.5.2017 ORDER MADE IN W.P.(MD).No.8564 of 2017 and W.M.P.(MD)No.6509 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 28.04.2017