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Madras High CourtWP(MD)/9314/2016closed

K.Vivekanandamoorthy, v. The Director Of Horticulture,

2025-02-13Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2025

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY K.Vivekananda Moorthy ... Petitioner Vs.

1.The Director of Horticulture, Ezhilagam, Chepauk, Chennai - 600 005.

2.The Deputy Director of Horticulture, 1st Floor in JDA Office Complex, Mannarapuram, Trichy-620 020.

3.The Executive Engineer and Administrative Officer, Trichy Housing Unit, Tamil Nadu Housing Board, Rajamalai Colony, Trichy.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's representation, dated 06.04.2016 and thereby, to direct the respondents to disburse all of his retirement benefits immediately. For Petitioner : No appearance For R1 and R2 : Mr.M.Sarangan Additional Government Pleader 1/5

O R D E R

This writ petition is filed for issuance of a writ of Mandamus to direct the respondents to consider the petitioner's representation, dated 06.04.2016 to disburse his retirement benefits immediately.

2. The Learned Single Judge had disposed of the writ petition, vide order, dated 19.05.2016, wherein the Learned Single Judge had directed the respondents 1 and 2 to consider the petitioner's representation by taking G.O.Ms.No.986, Housing and Urban Development Corporation, dated 18.07.1986, for the payment of the terminal benefits to the petitioner within a period of two weeks.

3. Aggrieved over the same, the 3rd respondent had preferred a writ appeal in W.A.(MD)No.1071 of 2021. The Hon'ble Division Bench vide judgment, dated 07.06.2021 had held that the writ petition was disposed of without issuing notice to the Housing Board and allowed the writ appeal. And the case was remitted back to the Writ Court. Hence, the case was posted before this Court.

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4. When the writ petition was taken up for hearing, there is no appearance for the writ petitioner, neither the Learned Counsel nor the writ petitioner appeared before this Court.

5. The Learned Additional Government Pleader submitted that the prayer in the writ petition was considered by the respondent and circulated a letter, dated 13.02.2025 issued the respondents, wherein it is stated that the petitioner has already paid the penal rent to the tune of Rs.6,18,737/-. The entire terminal benefits are paid excluding DCRG to the tune of Rs.7,48,015/-.

6. Since the prayer to disburse the terminal benefits is granted, nothing survives for adjudication in the writ petition. Therefore, the writ petition is closed. No costs.

13.02.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No Tmg 3/5

To 1.The Director of Horticulture, Ezhilagam, Chepauk, Chennai - 600 005.

2.The Deputy Director of Horticulture, 1st Floor in JDA Office Complex, Mannarapuram, Trichy-620 020.

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S.SRIMATHY, J.

Tmg 13.02.2025 5/5