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Madras High CourtWP(MD)/5654/2016disposed of

S.Sivakumar, S/O.M.Sethuraman v. The Principal Secretary And

2016-03-22Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.03.2016 CORAM :

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.5654 of 2016 S.Sivakumar ... Petitioner Vs.

1. The Principal Secretary and Commissioner of Revenue Administration, Ezhligam, Chepaulk, Chennai - 600 005.

2. The District Collector, Sivagangai District, Sivagangai.

3. The District Collector, Dharmapuri District, Dharmapuri.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the first respondent i.e, the Principal Secretary and Commissioner of Revenue Administration, Chennai to consider the petitioner's representation dated 18.01.2016 and pass appropriate orders by retransferring the petitioner to the parent unit I.e Sivagangai District Revenue Unit in the light of the orders issued by the Hon'ble High Court in W.P.(MD) No.7057 of 2006 dated 02.03.2007 within a specified time frame that may be fixed by this Court.

For Petitioner : Mr.Visvalingam For Respondents : Mr.M.Murugan Government Advocate

ORDER

Mr.M.Murugan, learned Government Advocate takes notice for the respondents. By consent of the learned counsel appearing on either side, the writ petition is taken up for final disposal at the stage of admission itself.

2. Heard the learned counsel appearing on either side.

3. According to the petitioner, while setting aside the order of suspension, in W.P.(MD) No.7057 of 2006 dated 02.03.2007 this Court had issued a direction to the respondent to post the petitioner in any nonsensitive post and in some other District till the disposal of the https://hcservices.ecourts.gov.in/hcservices/

departmental proceedings without prejudice to his seniority and other benefits in the parent District. According to the petitioner, the departmental proceedings were concluded in G.O.(2D) No.609 Revenue Department dated 21.12.2015. As the departmental proceedings has come to a conclusion, the petitioner made a representation to the first respondent on 18.01.2016 for re-transferring him to Sivagangai. As there is no response from the first respondent, the present writ petition has been filed.

4. Considering the limited relief sought for by the petitioner, this Court, without going into the merits of the claim of the petitioner, directs the first respondent to consider the representation of the petitioner, dated 18.01.2016 and pass appropriate orders on the same on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.

5.The writ petition stands disposed of accordingly. No costs. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To

1. The Principal Secretary and Commissioner of Revenue Administration, Ezhligam, Chepaulk, Chennai - 600 005.

2. The District Collector, Sivagangai District, Sivagangai.

3. The District Collector, Dharmapuri District, Dharmapuri.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR NO.16323 + 1 CC TO MR.S.VISVALINGAM, ADVOCATE IN SR NO. 16062 CM TE/NGM-SS/ : 30/03/2016 : 2P/6C W.P(MD)No.5654 of 2016 22.03.2016 https://hcservices.ecourts.gov.in/hcservices/