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Madras High CourtWP(MD)/13852/2016dismissed

R.Mariaselvam, v. The Joint Director

2023-02-15Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.13852 of 2016 and W.M.P.(MD)Nos.10319 and 10320 of 2016 R.Mariaselvam ... Petitioner vs.

1.The Joint Director, Madurai Kallar Reclamation, Madurai-20.

2.The Assistant Accounts Officer, Kallar Reclamation, Madurai-20.

... 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 the order, dated 13.05.2016 made in Na.Ka.No.H.8/84807/2011, passed by the 1st respondent and to quash the same as illegal.

For Petitioner : No appearance For Respondents : Mr.J.John Rajadurai Government Advocate 1/4

O R D E R

This writ petition is filed for issuance of a writ of Certiorari, to quash the impugned order, dated 13.05.2016, passed by the 1st respondent.

2. The petitioner is serving in the Grade III municipality and hence he is not entitled to housing rent allowances as applicable to the Grade II municipality. However, the petitioner has drawn excess housing rent allowances. Along with the petitioner, there are several persons who have drawn excess amount. The respondents have initiated action against all the persons who have drawn excess housing rent allowances to the total tune of Rs.19,73,839/- in which the petitioner's liability amount is Rs.15,120/-. The petitioner has already paid Rs. 1512/- and is liable to pay the balance Rs.13,608/-. Since the petitioner is not entitled to the same, as per the rules and regulations, the petitioner cannot claim over and above what the petitioner is entitled to the post he is holding. 2/4

3.Therefore, this Court is not inclined to entertain this writ petition. Hence, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

Index : Yes / No 15.02.2023 Internet : Yes Tmg To 1.The Joint Director, Madurai Kallar Reclamation, Madurai-20.

2.The Assistant Accounts Officer, Kallar Reclamation, Madurai-20.

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S.SRIMATHY, J Tmg 15.02.2023 4/4