Assilar.M v. The Managing Director,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY M.Assilar Driver, Staff No.9111, TNSTC, Nagercoil Region, Vevakandapuram Branch, Kanyakumari ... Petitioner (in all WPs) Vs.

1. The Managing Director, Tamil Nadu State Transport Corporation, Kattabomman Nagar, Tirunelveli-11.

2. The General Manager, Tamil Nadu State Transport Corporation Nagercoil Region, Ranithottam, Kanyakumari District.

... Respondents (in all WPs) COMMON PRAYER : These Writ Petitions are filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, to direct the first respondent to dispose of the petitioner's appeal dated 17.10.2019 on merits and in according with law within a time to be fixed by this Court.

For Petitioner : Mr.L.Prabhakaran (in all WPs) For Respondents : Mr.R.Rajmohan (in all WPs) Standing Counsel COMMON ORDER By consent of both parties, these writ petitions are taken up for final disposal at the stage of admission itself. 1/3

2.These Writ Petitions have been filed to issue appropriate direction to the first respondent to dispose of the appeals filed by the petitioner on 17.10.2019.

3.Mr.L.Prabhakaran, learned counsel appearing for the petitioner would submit that the petitioner has narrated all the relevant facts and his grievances in the appeals filed on 17.09.2019. If those appeals are directed to be disposed of within a stipulated time, the ends of justice could be secured. 4.Mr.R.Rajmohan, learned Standing Counsel appearing for the respondents would submit that there is no proof for such filing of the appeals by the petitioner. Therefore, in the event of filing a fresh appeal, the same will be considered on merits and in accordance with law.

5.In view of the submission made by the learned counsel appearing on either side, this court directs the petitioner to file a fresh appeal before the first respondent narrating his grievances within a period of three weeks from the date of receipt of a copy of this order. In such event, the first respondent is directed to dispose of the appeal to be filed by the petitioner within a period of twelve weeks, thereafter, on merits and in accordance with law. 6.With the above direction, these Writ Petitions are disposed of. No costs.

Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) cp Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To:-

1. The Managing Director, Tamil Nadu State Transport Corporation, Kattabomman Nagar, Tirunelveli-11.

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2. The General Manager, Tamil Nadu State Transport Corporation Nagercoil Region, Ranithottam, Kanyakumari District.

+3CCs to Mr.L.Prabhakaran, Advocate, SR.No.27107 to 27109. +3CCs to Mr.R.Rajamohan, Advocate, SR.No.27119 to 27120. W.P.[MD]Nos.19237, 19238 and 19239 of 2020 23.12.2020 SVN(CO) CS: 18.01.2021 3P 9C 3/3