Madras High CourtWP(MD)/7179/2013closed

R.Muthu Palani Andavar, v. The Commissioner

2018-03-12Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.03.2018

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P(MD)No.7179 of 2013 and M.P(MD)No.1 of 2014 R.Muthu Palan Andavar ... Petitioner Vs 1.The Commissioner, Municipal Administration, Chepauk, Chennai-6.

2.The Regional Director, Municipal Administration, Tirunelveli, Tirunelveli District.

3.The Commissioner, Kovilpatti Municipality, Tuticorin District.

4.The Commissioner, Viruthachalam Municipality, Viruthachalam, Kanchipuram District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.No.28772/2008/K2, dated 01.08.2011 issued by the Respondent No.1 addressed to the Respondent No.4 and the consequential order in Na.Ka.No.11946/11Sil, dated 24.08.2011 on the file of the Respondent No.4 and quash the same as illegal and consequently to direct the Respondent No.1 to regularize the period from 11.11.2008 to 31.03.2011 as the duty period within the time stipulated by this Court.

For Petitioner : Mr.T.Lajapathi Roy For R1 & R2 : Mrs.V.P.M.Vaishnavi Government Advocate For R3 & R4 : Mr.K.P.Krishnadoss https://hcservices.ecourts.gov.in/hcservices/

ORDER

The learned counsel appearing on behalf of the respondents 3 & 4 made a submission that the writ petitioner passed away and the terminal and pensionary benefits due to the writ petitioner was already disbursed to the legal heirs namely the wife of the writ petitioner.

2.This apart, the family pension as admissible under the Rules are also being paid to the wife of the writ petitioner. In this regard, the learned counsel appearing for the respondents 3 & 4 submitted the order passed by the Commissioner, Kovilpatti Municipality vide proceedings, dated 09.03.2018. 3.It is left open to the writ petitioner to approach the appropriate authority, if any, other grievance are left. 4.With these observation, the writ petition stands closed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To 1.The Commissioner, Municipal Administration, Chepauk, Chennai-6.

2.The Regional Director, Municipal Administration, Tirunelveli, Tirunelveli District.

+1CC to Mr.T.Lajapathi Roy, Advocate, SR.No. 54657 +1CC to the Special Government Pleader SR.No.55122 W.P(MD)No.7179 of 2013 12.03.2018 am AM/SV MMS/SAR 2/23.03.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/