Madras High CourtWP(MD)/9923/2017disposed of

S.Malaiyandi, S/O.Samayanan v. The District Collector

2017-05-25Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.05.2017

CORAM:

THE HONOURABLE Mr.JUSTICE M.V.MURALIDARAN W.P.(MD)No.9923 of 2017 and W.MP(MD).Nos.7604 and 7605 of 2017 S.Malaiyandi ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Dindigul.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Dindigul District, Dindigul.

... Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorari, to call for the records pertaining to the impugned order of suspension issued by the 2nd respondent in his proceedings in Roc.No.1891/2013/A6, dated 19.03.2013 and quash the same as illegal.

For Petitioner : Mr.J.Lawrance For Respondents : Mrs.S.Bharathi Government Advocate

O R D E R

The petitioner seeks for a Writ of Certiorari, to call for the records pertaining to the impugned order of suspension issued by the 2nd respondent in his proceedings in Roc.No.1891/2013/A6, dated 19.03.2013 and quash the same as illegal.

2. The learned Government Advocate takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal.

3. The learned counsel for the petitioner submitted that based on the criminal case, the second respondent suspended the petitioner vide proceedings in Roc.No.1891/2013/A6 dated 19.03.2013. Since the petitioner has been under continuous suspension from 19.03.2013, he has come up with this petition for the aforesaid prayer.

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4.The learned Government Advocate submitted that the if the petitioner gives any such representation in this regard, the same would be considered forthwith.

5.Though the petitioner has come up with this petition for the aforesaid prayer, this Court is not inclined to grant the same. However, the petitioner is directed to give a fresh representation to the second respondent within a period of one week from the date of receipt of a copy of this order and on receipt of such representation, the second respondent is directed to consider and dispose of the same, on merits and in accordance with law (in the light of the Ajay Kumar Choudry vs. Union of India reported in (2015)3 CTC 119), after providing an opportunity of personal hearing to the petitioner as well as the other parties concerned, if any, and pass appropriate orders within a period of three weeks thereafter.

6. With the above direction, the Writ Petition stands disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Office of the District Collector, Dindigul.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Dindigul District, Dindigul.

+1cc to M/s.SPECIAL GOVERNMENT PLEADER Advocate in SR. No.57751 +1cc to M/s. J.LAWRANCE Advocate in SR. No.57464 NS/LA/VSA JS/MMS/SAR.1/1.06.2017/2P-5C W.P.(MD)No.9923 of 2017 25.05.2017 https://hcservices.ecourts.gov.in/hcservices/