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Madras High CourtWP(MD)/12735/2016allowed

P.Veeramuthu v. The Accounts Officer

2022-03-25Honourable Mrs Justice S.Srimathy2 pages

W.P.(MD)No.12735 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.03.2022

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.12735 of 2016 and W.M.P.(MD)No.9638 of 2016 P.Veeramuthu ... Petitioner vs 1.The Accounts Officer Office of the Principal Accountant General (Accounts & Entitlements) Tamil Nadu, No.361, Anna Salai, Chennai - 600 018.

2.The Regional Joint Director (Audit) Madurai.

3.The Assistant Treasury Officer, Devakottai, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records relating to the impugned order of the third respondent in ref.Na.Ka.No.982/2016/A1, dated 12.07.2016 quash the same. For Petitioner : Mr.B.Muruganandam For Respondents : Mr.P.Gunasekaran for R1 Mr.G.Suriyananth forR2 & R3 Additional Government Pleader

O R D E R

This Writ Petition is filed to quash the impugned order, dated 12.07.2016.

2.The learned Counsel appearing for the petitioner submitted that the recovery order was issued without issuing any notice to the petitioner and this Court without expressing any opinion is directing the third respondent to issue a notice to the petitioner and the petitioner is directed to submit an explanation to the respondent. Thereafter, the third respondent should pass a speaking order about the entitlement of the petitioner. The impguned order is set aside. The said exercise shall be completed within four weeks from the date of receipt of a copy of this order. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.12735 of 2016 3.With the above direction, the Writ Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CO) // True Copy // / /2022 Sub Assistant Registrar(CS) 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 Accounts Officer Office of the Principal Accountant General (Accounts & Entitlements) Tamil Nadu, No.361, Anna Salai, Chennai - 600 018.

2.The Regional Joint Director (Audit) Madurai.

3.The Assistant Treasury Officer, Devakottai, Sivagangai District.

+1 CC to M/s.B.MURUGANANDAM, Advocate (SR-14466[F] dated 25/03/2022) +1 CC to M/s.SPL GP ( SR-14900[F] dated 28/03/2022 ) Order made in W.P.(MD)No.12735 of 2016 25.03.2022 RS(07.04.2022) 2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/2