Madras High CourtWP(MD)/14911/2018disposed of

M.Pichaimuthu v. The Tahsildar

2019-07-23Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR W.P(MD).No. 14911 of 2018 and W.M.P.(MD) No.13456 of 2018 M. Pitchaimuthu : Petitioner Vs.

The Tahsildar, Srirangam Taluk, Trichy District.

: Respondents PRAYER : This Writ Petition is filed under Article 226 of the Constitution of India for issuing a Writ of Certiorari Mandamus to call for the records on the file of the respondent in connection with the impugned order of suspension passed by him in Tho.Mu.Aa.4/4611/2018 dated 14.06.2018 and quash the same. For Petitioner : Mr.G. Thalaimutharasu For Respondent : Mr. Aayiram K. Selvakumar, Additional Government Pleader ***

ORDER

This Writ Petition has been filed to quash the impugned suspension order, dated 14.06.2018 in Tho.Mu.Aa.4/4611/2018 passed by the respondent.

2. According to the petitioner, he has been prolonged suspension on the ground that a criminal case has been registered in Crime No.17 of 2018 on the file of the Trichy City Police, for the offences under Section 420, 465, 468, 471 & 120(b) of I.P.C. According to the petitioner, a dispute between the petitioner and the defacto complainant, the petitioner has been unnecessarily kept suspension for the last 2 years and hence, the impugned suspension order is liable to be quashed.

3. The learned Additional Government Pleader appearing for the respondent has submitted that the petitioner may be directed to approach the respondent and to make a representation and on receipt of any such representation, the same shall be considered and appropriate orders will be passed by the respondent/Tahsildar. https://hcservices.ecourts.gov.in/hcservices/

4. In view of the above said submission made by the learned Additional Government Pleader appearing for the respondent and by

taking note of the Judgment of the Hon'ble Supreme Court, reported in Ajay Kumar Choudary Vs Union of India, 2015 3 CTC 119, this Court directs the petitioner to make a representation to the respondent/Tahsildar, within a period of one week from the date of receipt of copy of this order and on receipt of such representation the respondent/Tahsildar is directed to consider the said representation and shall pass an order on merits and in accordance with law, within a period of Six (6) weeks, thereafter.

5. With the above directions, this Writ Petition is disposed of. No Costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS II) // True Copy // Sub Assistant Registrar(CS) TO The Tahsildar, Srirangam Taluk, Trichy District.

+1 CC to M/s.SPL GP ( SR-77286[F] dated 24/07/2019 ) +1 CC to M/s.G.THALAIMUTHARASU, Advocate ( SR-77365[F] dated 24/07/2019 ) W.P(MD).No. 14911 of 2018 23.07.2019 KSA KK/SAR/05.08.2019/2P-4C/ https://hcservices.ecourts.gov.in/hcservices/