Citation : 2021 Latest Caselaw 16192 Mad
Judgement Date : 9 August, 2021
W.P. No(MD).13865 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.08.2021
CORAM
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.(MD) No.13865 of 2021
T.S.Sooriyanarayanamoorthy ... Petitioner
Vs.
1.The Principal Secretary to Government,
Revenue Department,
Secretariat,
Chennai-600 009.
2.The Principal Secretary and Commissioner of Revenue
Administration,
Ezhilagam,
Chepauk,
Chennai-600 005.
3.The District Revenue Officer,
Madurai District,
Madurai-625 020. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, for
issue of Writ of Mandamus, directing the first respondent i.e., the Principal
Secretary to Government, Revenue Department, Chennai to pass appropriate
orders on the petitioner's representation dated 08.03.2021 within the
specified time frame.
1/5
https://www.mhc.tn.gov.in/judis/
W.P. No(MD).13865 of 2021
For Petitioner : Mr.S.Visvalingam
For Respondents : Mr.S.Shanmugavel,
Government counsel
ORDER
By consent of both parties, this writ petition is taken up for final
disposal at the admission stage itself.
2. According to the petitioner, while he was in service a criminal case
was lodged against him and the same was registered in S.C.No.19 of 2011.
The petitioner was convicted by the trial Court on 22.05.2015 for
Prevention of Corruption Cases, Madurai. Challenging the aforesaid
judgment, he preferred an appeal in Crl.A.No.139 of 2015 before this Court
and the said Appeal was allowed on 02.11.2020 and the petitioner was
acquitted from the charges. Thereafter, the petitioner made a representation
on 08.03.2021 to the respondents requesting to consider the revocation of
suspension order as well as the entitlement for terminal benefits. But till
date, the said representation is pending, and no orders were passed. Hence,
the petitioner has filed the present Writ Petition.
https://www.mhc.tn.gov.in/judis/ W.P. No(MD).13865 of 2021
3. The learned counsel appearing for the respondents would submit
that if such a representation is pending, it shall be considered and orders
will be passed in accordance with law subject to the verification from the
concerned Station House Officer based on the judgement passed by the this
Court in Crl.A.No.139 of 2015 dated 02.11.2020.
4. In view of the above submissions of the parties, this Court will not
decide the merits and de-merits in the present writ petition. Pursuant to the
judgement of this Court in Crl.A.No.139 of 2015, the petitioner seeks to
consider his representation dated 08.03.2021 if there is no legal impediment.
Hence, without expressing any opinion on merits, this Court is inclined to
direct the first respondent to consider the petitioner's representation dated
08.03.2021 on its own merits and in accordance with law and pass
appropriate orders within a period of five months from the date of receipt of
a copy of this order.
https://www.mhc.tn.gov.in/judis/ W.P. No(MD).13865 of 2021
5. With the above directions, the Writ Petition is disposed of. No
costs.
09.08.2021 Index : Yes/No Internet : Yes /No
dn
To
1.The Principal Secretary to Government, Revenue Department, Secretariat, Chennai-600 009.
2.The Principal Secretary and Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai-600 005.
3.The District Revenue Officer, Madurai District, Madurai-625 020.
https://www.mhc.tn.gov.in/judis/ W.P. No(MD).13865 of 2021
D.KRISHNAKUMAR, J.
dn
W.P.(MD).No.13865 of 2021
09.08.2021
https://www.mhc.tn.gov.in/judis/
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