Senthilvelavan.T v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.09.2023

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI T.Senthilvelavan ... Petitioner Vs.

1.The District Collector, Karur, Karur District.

2.The Revenue Divisional Officer, Karur District, Karur.

3.The Tahsildar, Manmangalam Taluk, Karur District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to dispose the appeal, dated 15.09.2021 filed by the petitioner. For Petitioner : Mr.D.Selvanayagam For Respondents : Mr.P.Thambidurai Government Advocate 1/5

ORDER

The present writ petition has been filed seeking direction to the second respondent to dispose the appeal, dated 15.09.2021 filed by the petitioner.

2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. The petitioner was transferred to Minnampalli Village. He is working as Village Assistant and he is transferred to Minnampalli Village, Karur District by the second respondent vide his proceedings, dated 13.01.2000. In the year 2001, he was suspended from the post of Village Assistant in Minnampalli Village and thereafter, he was not reinstated in the said post. From the year 2001, he was left without wages, monetary benefits and job. The petitioner has made several representations to reinstate him and the last of which was sent on 23.02.2019. However, the same was not considered. Hence, he filed a writ petition in W.P(MD)No.9925 of 2019 before this Court and the same was favorably disposed on 05.12.2019, directing the respondents to consider his representation within a period of twelve weeks. Even after that, 2/5

without considering his representation, the third respondent passed a termination order under Rule 17A of the Tamil Nadu Civil Service (Discipline and Appeal) Rules on 16.07.2021. Assailing the same, the petitioner had filed an appeal before the second respondent on 15.09.2021. However, the said appeal is kept in abeyance without consideration endlessly. In view of the same, this writ petition came to be filed.

4. The learned Government Advocate for the respondents fairly conceded that the said appeal would be considered within a period of eight weeks and would be disposed of.

5. Recording the same, this Court hereby direct the second respondent to dispose of the appeal, dated 15.09.2021 submitted by the petitioner within a period of eight (8) weeks from the date of receipt of a copy of this order.

6. This writ petition stands allowed, accordingly. There shall be no order as to costs.

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NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The District Collector, Karur, Karur District.

2.The Revenue Divisional Officer, Karur District, Karur.

3.The Tahsildar, Manmangalam Taluk, Karur District.

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L.VICTORIA GOWRI, J.

BTR 13.09.2023 5/5