Madras High CourtWP(MD)/1392/2011closed

B.Mathiyazhagan v. The Director

2016-06-22Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COUT DATED : 22.06.2016 CORAM :

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.1392 of 2011 and M.P(MD)No.1 of 2011 B.Mathiyazhagan ... Petitioner vs.

1)The Director, Town Panchayat Department, Kuralagam, Chennai-600 108.

2)The Executive Officer, Town Panchayat, Moolaikaraipatti, Tirunelveli District, Tirunelveli.

... Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent in Rc.No.7904/2010/A5 dated 18.12.2010 exceeding the authority of law and quash the same and consequently direct the 1st respondent to reinstate the petitioner in service with all consequential monetary and service benefits.

For Petitioner : Mr.P.Samuel Gunasingh For R1 : Mr.G.Muthukannan, Government Advocate For R2 : Mr.P.Thilak Kumar

ORDER

This writ petition has been filed by B.Mathiyazhagan challenging the order of removal passed by the Director of Town Panchayat Department, Chennai, in Rc.No.7904/2010/A5 dated 18.12.2010, citing a reason that in view of the conviction ended against the petitioner in Criminal Case No.3/2005 under section 7 read with 34 IPC and under Section 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 and under Sections, 218 and 384 of the Indian Penal Code, sentencing him to undergo rigorous imprisonment for one year with the fine of Rs.1,000/-. 2.Today, when the matter came up for hearing, learned Government Advocate appearing for the first respondent placing on record a letter dated 09.09.2015 of the petitioner submitted that the petitioner has been reinstated in service subsequent to the order passed in the criminal appeal acquitting him from charges. https://hcservices.ecourts.gov.in/hcservices/

Since the petitioner has been working from 04.08.2015, he pleaded, the prayer in the writ petition has become infructuous. Recording the letter dated 09.09.2015 of the writ petitioner, this writ petition is closed. Letter dated 09.09.2015 shall form part of the record. No costs. M.P(MD)No.1 of 2011 is closed. Sd/- Assistant Registrar(AS) /True Copy/ Sub-Assistant Registrar To 1)The Director, Town Panchayat Department, Kuralagam, Chennai-600 108.

2)The Executive Officer, Town Panchayat, Moolaikaraipatti, Tirunelveli District, Tirunelveli.

Nbj RL/3C/2P/KBM/30/6/2016 W.P(MD)No.1392 of 2011 22.06.2016 https://hcservices.ecourts.gov.in/hcservices/