Petitioner challenged a Government order demanding penal rent during his suspension. The High Court held the order had merit under the statutory rule and dismissed the writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 25.07.2019
CORAM
THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM
W.P.No.20026 of 2008 and WMP.No.2 of 2008
S.Subramani ...Petitioner
Vs
1. The State of Tamil Nadu
Rep. by its Secretary,
(Housing and Urban Development),
St. George Fort, Chennai 9.
2. The Executive Engineer and
Administrative Officer (in charge),
Salem Housing Unit,
Tamilnadu Housing Board,
Ayyanthirumalai Road, Salem District. ..Respondents
Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorari, calling for the records relating to the Government order in G.O.Ms.No.350, dated 01.10.2004, (Housing and Urban Department) and also the consequential order passed by the 2nd respondent vide his office proceedings proc. No.G2/1772/08, dated 09.07.2008 and quash the same.
For Petitioner : Mr.I.C.Vasudevan
For Respondents : Mr.B.Anand, G.A., for R1 Mr.R.Bharath Kumar, for R2
ORDER
Heard the learned counsels appearing on either side and perused the materials available on record.
Sd/-
Assistant Registrar(CS V)
//True Copy//
Sub Assistant Registrar
pvs
To
1. Secretary,
The State of Tamil Nadu
(Housing and Urban Development),
St. George Fort,
Chennai 9.
2. The Executive Engineer and
Administrative Officer (in charge),
Salem Housing Unit,
Tamilnadu Housing Board,
Ayyanthirumalai Road,
Salem District.
+1cc to the Government Pleader Sr.64202
+1cc to M/s.R.Bharathkumar, Advocate Sr.64044
W.P.No.20026 of 2008
rp[co]
srg 14/09/2019
2 issues framed by the court
Whether a Government order imposing penal rent for suspension without assigning opportunity of hearing can be quashed under Article 226 of the Constitution.
Whether the impugned Government Order and office proceedings imposing penal rent at Rs. 14,575 per month are arbitrary and violate principles of natural justice.
S. Subramani
The State of Tamil Nadu Rep. by its Secretary (Housing and Urban Development)
The Executive Engineer and Administrative Officer (in charge), Salem Housing Unit
K. Kalyanasundaram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
