M.Muthusamy v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 31.07.2024

CORAM

THE HON'BLE Ms.JUSTICE R.N.MANJULA M.Muthusamy ... Petitioner Vs

1. The Secretary, Revenue Department, Head Secretariat, Chennai.

2. The Principal Secretary / The Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 005.

3. The District Collector, Collectorate, Dindigul District.

... Respondents PRAYER :- Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the 1st and 2nd respondents to expedite and dispose of the petitioner's appeal dated 25.03.2019 within stipulated time fixed by this Court. For Petitioner : Mr. A.Arul Jenifer 1/5

For Respondents : Mr.J.Ashok Additional Government Pleader

ORDER

Heard Mr.A.Arul Jenifer, learned counsel appearing for the petitioner and Mr.J.Ashok, learned Additional Government Pleader appearing for the respondents.

2. This Writ Petition has been filed for a direction to the respondents 1 & 2 to dispose the petitioner's appeal dated 25.03.2019. 3(i). On foregoing the preferential treatment in respect of promotion to the post of Deputy Tahsildar, the petitioner, has been transferred to Dindigul District as Tahsildar, Ottanchatiram. In this regard, the petitioner has preferred an appeal before the first respondent and the same was dismissed. Challenging the same, the petitioner has preferred a writ petition in WP(MD) No.956 of 2012 and the same was allowed. Aggrieved over the same, the respondent has filed a writ appeal in WA(MD) No.993 of 2014 and the same was also dismissed on 10.09.2015. Against which, the respondent has preferred an appeal 2/5

before the Hon'ble Apex Court and the same is pending. (ii).Since the writ appeal preferred by the respondents was dismissed by this Court on 10.09.2015, the petitioner has submitted a representation on 13.04.2017 and the same was rejected by citing the pendency of issue before the Hon'ble Apex Court. In this regard, the petitioner has preferred a statutory appeal, dated 25.03.2019 before the respondents 1 & 2 and the same pending. Hence, this writ petition came to be filed.

4.Considering the pendency of appeal from the year 2019, there shall be a direction to the second respondent to pass orders on the petitioner's appeal, dated 25.03.2019 within a period of four weeks from the date of receipt of copy of this order. It is made clear that this Court has not gone into the merits of the case or the claim of the petitioner and it is open to the respondents to consider the same on its own merits. 3/5

5. With the above direction, this Writ Petition is disposed of. No costs.

31.07.2024 NCC :

Yes/No Index :

Yes/No PNM To

1. The Secretary, Revenue Department, Head Secretariat, Chennai.

2. The Principal Secretary / The Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 005.

3. The District Collector, Collectorate, Dindigul District.

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R.N.MANJULA, J.

PNM W.P.(MD)No.17795 of 2024 31.07.2024 5/5