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Madras High CourtWP(MD)/18019/2025disposed of

K.Ilanchezian v. The Principal Chief Conservator Of Forests

2025-07-03Honourable Mr.Justice Vivek Kumar Singh6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH K.Ilanchezian ... Petitioner -vs1.The Principal Chief Conservator of Forests (Head of Department), Forest Headquarters Building, Near Kannikapuram Checkpost, Guindy-Velacherry Main Road, Guindy, Chennai - 600 032.

2.The District Forest Officer, Madurai Division, Madurai - 2.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to disburse the subsistence allowance to the petitioner for the period of February 2025 to till date based on his representation dated 18.04.2025 and in the light of the similar order made in W.P.No.24303 of 2024 dated 21.08.2024, within time stipulated by this Court.

For Petitioner : Mr.G.Karuppasamy Pandiyan For Respondents : Mr.K.Balasubramani Special Government Pleader

ORDER

This Writ Petition is filed seeking a direction to the second respondent to disburse the subsistence allowance to the petitioner for the period from February 2025 till date, based on his representation dated 18.04.2025 and in the light of the similar order passed in W.P.No.24303 of 2024 dated 21.08.2024, within a time frame to be stipulated by this Court.

2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3. According to the petitioner, he was serving as a 'Forest Ranger' when he was placed under suspension in connection with a vigilance case, which was taken on file as Spl.S.C.No.27 of 2014. The Trial Court convicted the petitioner in the said case, against which, he has filed a Criminal Appeal in Crl.A.(MD) No. 314 of 2025 before this Court. Along with the appeal, the petitioner also filed an application seeking suspension of sentence, which was allowed in his favour by this Court on 08.04.2025. The criminal appeal is now pending. Despite the suspension of sentence, the petitioner has not been paid subsistence allowance by the respondent Department from February 2025 onwards. Therefore, the

petitioner made a representation dated 18.04.2025 to the respondent authorities, enclosing a copy of the order granting suspension of sentence and requesting that subsistence allowance be disbursed. However, no action has been taken till date.

4. The learned counsel for the petitioner relies on the principles laid down by this Court, in the order passed in W.P.No.24303 of 2024, dated 21.08.2024, which dealt with a similar issue. The relevant portion of the said order reads as follows:- ''5. In the considered view of this Court, the suspension of the petitioner continues and the petitioner has also not been permitted to retire from service. The Criminal appeal is also pending. Therefore, till a final decision is taken, the subsistence allowance must be paid to the petitioner.

6. In the light of the above discussion, there shall be a direction to the respondent to deal with the representation made by the petitioner on 24.06.2024 and pay the permissible subsistence allowance to the petitioner from August 2023 onwards and keep paying the subsistence allowance till a final decision is taken. The process of paying the arrears of subsistence allowance shall be completed within a period of six weeks from the date of receipt of a copy of this order.''

5. Heard both sides.

6. Considering the above facts and circumstances of the case, there shall be a direction to the second respondent to consider the petitioner's representation dated 18.04.2025, in the light of the order dated 21.08.2024, passed in W.P.No. 24303 of 2024 and to pass appropriate orders on merits and in accordance with law, after affording due opportunity of personal hearing to the petitioner, within a period of two months from the date of receipt of a copy of this order.

7. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.

NCC : Yes / No 03.07.2025 Index : Yes / No smn2 To:- 1.The Principal Chief Conservator of Forests (Head of Department), Forest Headquarters Building, Near Kannikapuram Checkpost, Guindy-Velacherry Main Road, Guindy, Chennai - 600 032.

2.The District Forest Officer, Madurai Division, Madurai - 2.

VIVEK KUMAR SINGH , J.

smn2 03.07.2025