Madras High Court
M.Prakash vs The District Collector on 13 July, 2021
WP.No.14275/2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
WP.No.14275/2021
[Video Conferencing]
M.Prakash .. Petitioner
Vs
1.The District Collector
Coimbatore District, Coimbatore.
2.The Special Officer/Block Development
Officer, Kurudampalayam Panchayat
Periyanaickenpalayam Block
Coimbatore District. .. Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India,
praying for issuance of a writ of mandamus directing the 1st respondent to
dispose of the representation letters dated 10.01.2020 and 24.08.2020 in
the light of the judgment of the Hon'ble Supreme Court in Ajay Kumar
Choudhary Vs Union of India in SLP [C} No.31761/2013 dated
16.10.2015.
For Petitioner : Mr.S.Sivanandam
For R1 : Mr.C.Kathiravan
Government Advocate
For R2 : Mr.Nanmaran
https://www.mhc.tn.gov.in/judis/ 1
WP.No.14275/2021
ORDER
1. By consent, the writ petition is taken up for final disposal and is
disposed of by this order.
2. Mr.C.Kathiravan, learned Government Advocate accepts notice on
behalf of the 1st respondent and Mr.Nanmaran, learned counsel
accepts notice on behalf of the 2nd respondent.
3. The petitioner has filed the present writ petition seeking for issuance
of a writ of mandamus, directing the 1st respondent to consider his
representations dated 10.01.2020 and 24.08.2020 respectively
seeking revocation of the order of suspension and reinstatement in
the light of the Apex Court judgment dated 16.02.2015 made in
SLP [C] No.31761/2015 [Ajay Kumar Choudhary V. Union of
India].
4. The case of the petitioner is that while he was working as the
Panchayat Secretary under the 2nd respondent-Panchayat, he was
arrested along with two others by the officials of the DVAC under
the provisions of the Prevention of Corruption Act and he was
placed under suspension from 08.03.2019 onwards. The petitioner
earlier filed WP.No.25184/2019 challenging the suspension order
WP.No.14275/2021
and this Court, vide order dated 09.09.2019 dismissed the writ
petition granting liberty to the petitioner to submit a representation
before the competent authorities seeking review of the suspension
order. Accordingly, the petitioner submitted a representation on
10.01.2020 seeking the said relief. Since the same was not
considered, he submitted yet another representation on 24.08.2020
and as both the representations failed to invoke any kind of
response, the petitioner is constrained to approach this Court by
filing the present writ petition.
5. This Court heard the submissions of the learned counsel for the
petitioner ; the learned Government Advocate appearing for the 1 st
respondent ; the learned counsel appearing for the 2nd respondent
and perused the materials placed before it.
6. Considering the limited scope of prayer sought for by the petitioner
and without going into the merits of the claim made by him in his
representations, this Court directs the 1st respondent to consider and
dispose of the petitioner's representations dated 10.01.2020 and
24.08.2020 respectively on merits and in accordance with law and
pass appropriate orders within a period of eight weeks from the date
WP.No.14275/2021
of receipt of a copy of this order and communicate the decision
taken, to the petitioner herein.
7. The writ petition stands disposed of accordingly. No costs.
13.07.2021
AP
Internet : Yes
To
1.The District Collector
Coimbatore District, Coimbatore.
2.The Special Officer/Block Development
Officer, Kurudampalayam Panchayat
Periyanaickenpalayam Block
Coimbatore District.
WP.No.14275/2021
S.S.SUNDAR, J.,
AP
WP.No.14275/2021
13.07.2021
https://www.mhc.tn.gov.in/judis/ 5
