Madras High CourtWP(MD)/22402/2021disposed of

Dr. Mujubur Rahman v. The Executive Engineer

2023-11-22Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH K.Mujubur Rahman ... Petitioner Vs.

1.The Executive Engineer, TANGEDCO, Near Rohini Hospital, Thanjavur District.

2.The Assistant Engineer, TANGEDCO, Near Rohini Hospital, Thanjavur District.

3.The Assistant Audit Officer, AP No.4/Audit Branch, TANGEDCO, Trichy Region.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to pass final order considering the objection given by the petitioner by way of representations dated 27.08.2018 and 29.04.2021 respectively and to cancel the order of the 3rd respondent proceeding Audit Slip No. 140 dated on 22.06.2013 within a stipulated time frame fixed by this Court. 1/4

For Petitioner : Mr.S.Jayachandran For R-1 to R-3 : Mr.K.Nagarajan

O R D E R

This Writ Petition has been filed for issuance of writ of mandamus directing the first respondent to pass orders on the objections given by the petitioner through the representations dated 27.08.2018 and 29.04.2021, wherein, the petitioner is seeking for the cancellation of the order of the third respondent through which Audit Slip No.140, dated 22.06.2013 was issued.

2. When the matter was taken up for hearing today, the learned Standing Counsel appearing on behalf of the respondents submitted that the first respondent does not have the jurisdiction to deal with the representation and it is only the Superintending Engineer, who has been vested with such power.

3. In view of the above stand taken by the learned Standing Counsel, there shall be a direction to the petitioner to make a fresh representation before the Superintending Engineer and on receipt of such 2/4

representation, the Superintending Engineer shall take a decision within a period of eight (8) weeks from the date of receipt of fresh representation from the petitioner.

4. This Writ Petition is disposed of with the above directions. No costs.

22.11.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg 3/4

N.ANAND VENKATESH, J.

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