Madras High CourtWP(MD)/2751/2016disposed of

A. Ganesan, B.E., M.Tech., v. The Principal Secretary

2019-04-10Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :10.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No.2751 of 2016 and WMP(MD)Nos.2430 and 5050 of 2016 and A.Ganesan ... Petitioner Vs.

1. The Principal Secretary to Government, Personnel and Administrative Reforms Department, Government of Tamil Nadu, Secretariat, Fort St George, Chennai - 9.

2. The Executive Engineer (PWD, WRO), Irukankudi Reservoir Project Division, PWD Office Compound, Virudhunagar, Virudhunagar District.

3. The Executive Engineer,(PWD) Building Construction and Maintenance Division, WGC Road, Tuticorin - 628 001.

4. The Principal Accountant General, Economic and Revenue Sector Audit, Tamil Nadu, No.361, Anna Salai, Chennai - 18.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certioraried Mandamus, calling for the records of the respondents relating to the order of the 2nd respondent in his impugned proceedings Letter No.E1/166/2015/ (881)/dated 26.08.2015 and quash the same and further direct the respondents to take steps to drop or delete the relevant Audit Para 7/II B,. 2010-11 of the 4th respondent regarding Building (C and M) Division, Thoothukudi.

For Petitioner : Mr.S.Natarajan For Respondent : Mr.V.Anand, Nos.1 to 3 Government Advocate For Respondent : Mr.P.Gunasekaran No.4

ORDER

This writ petition has been filed seeking to quash the impugned proceedings in Letter No.E1/166/2015/(881) dated 26.08.2015 issued by the 2nd respondent and consequently, to direct the respondents to take steps to drop or delete the relevant Audit Para 7/II B, 2010-11 of the 4th respondent regarding Building (C and M) Division, Thoothukudi.

2.When the matter was taken up for hearing, the learned Counsel appearing for the petitioner and the learned Counsel appearing for the respective respondents submitted that subsequent to the filing of this writ petition, the Government has issued a communication in letter No.21508/PC-II/2017, dated 09.06.2017, which followed by a clarificatory letter in Letter No.7831/A2/2017-3, dated 03.04.2018. Hence, the matter may be remitted back to the respondents for reconsidering the case of petitioner, in the light of the letters cited supra.

3.In view of the above submissions made by the learned Counsel on either side, the impugned order dated 26.08.2015 is set aside and the matter is remitted back to the respondents for reconsidering the same in the light of the letters cited above and pass orders on merits and in accordance with law, after affording opportunity of hearing to the petitioner, within a period of six weeks from the date of receipt of a copy of this order.

4.With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

sd/ Assistant Registrar(crl. side) /True Copy/ Sub Assistant Registrar To

1. The Principal Secretary to Government, Personnel and Administrative Reforms Department, Government of Tamil Nadu, Secretariat, Fort St George, Chennai - 9.

2. The Executive Engineer (PWD, WRO), Irukankudi Reservoir Project Division, PWD Office Compound, Virudhunagar, Virudhunagar District.

3. The Executive Engineer,(PWD) Building Construction and Maintenance Division, WGC Road, Tuticorin - 628 001.

4. The Principal Accountant General, Economic and Revenue Sector Audit, Tamil Nadu, No.361, Anna Salai, Chennai - 18.

+1 CC to Mr.S.NATARAJAN, Advocate ( SR-60420[F] dated 11/04/2019 ) +1 CC to Mr.P.GUNASEKARAN, Advocate ( SR-60693[F] dated 12/04/2019 ) +1 CC to SPL GP ( SR-60774[F] dated 12/04/2019 ) WP(MD)No.2751 of 2016 10.04.2019 dsk MK/KK (06.05.2019) 3P 8C