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Madras High CourtWP(MD)/17540/2019disposed of

S. Valli v. The Commissioner Of Municipal Administration

2019-08-28Honourable Mr Justice D. Krishnakumar2 pages

W.P(MD)No.17540 of 2019 and BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR W.P(MD)No.17540 of 2019 and WMP(MD).No.14042 of 2019 S.Valli ... Petitioner Vs.

1. The Commissioner of Municipal Administration, Ezhilagam Annexe, Chepauk,Chennai - 600 005.

2.The Madurai Corporation, rep. by its Commissioner, Anna Malighai, Out Post, Madurai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 and 2 to permit the petitioner to continue as Community organizer at respondent No.2 Corporation and disburse the salary payable the period from 06.06.2019 to till date within the time stipulated by this Court.

For Petitioner : Mr.T. Lajapathy Roy For R1 : Mr. Aayiram K. Selvakumar Additional Government Pleader For R2 : Mr. T. S. Mohamed Mohideen Standing Counsel

ORDER

This writ petition has been filed for issuing a direction to the respondents 1 and 2 to permit the petitioner to continue as Community Organizer at 2nd respondent / Corporation and disburse the salary payable for the period from 06.06.2019 to till date, within the time frame to be fixed by this Court.

2. According to the petitioner, he made a representation dated 19.07.2019 to the respondents to permit him to continue as Community Organizer at 2nd respondent / Corporation on payment of salary from 06.06.2019 to till date. But, the respondents have not chosen to pass order on the said representation. Hence, the petitioner has filed the present Writ Petitioner before this Court. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.17540 of 2019 and

3. Though this petition has been filed for giving a positive direction to the respondents, during the course of arguments, the learned counsel appearing for the petitioner restricted the relief sought for by the petitioner to consider his representation, dated 19.07.2019.

4. The learned Standing Counsel appearing for the second respondent would submit that 2nd 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 2nd respondent to consider the representation of the petitioner, dated 19.07.2019 and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, the writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (AD-II) // True Copy // Sub Assistant Registrar To

1. The Commissioner of Municipal Administration, Ezhilagam Annexe, Chepauk, Chennai - 600 005.

2. The Commissioner, The Madurai Corporation, Anna Malighai, Out Post, Madurai.

+1 CC to M/s.T.S.MOHAMED MOHIDHEEN, Advocate ( SR-84058[F] dated 29/08/2019 ) W.P(MD)No.17540 of 2019 and WMP(MD).No.14042 of 2019 28.08.2019 TRP MS/18.09.2019/2P.4C https://hcservices.ecourts.gov.in/hcservices/ 2/2