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2014 DIGILAW 2675 (MAD)

R. Kannan v. Special Secretary, Health & Family Welfare Department

2014-08-18

K.K.SASIDHARAN

body2014
Judgment : 1. The petitioner was terminated from service by the Madurai Corporation. The said order was unsuccessfully challenged before the Appellate Committee constituted by the Madurai Corporation. Thereafter, the petitioner preferred a second appeal before the first respondent, on 27.02.2006. The said appeal has not been taken up for consideration. The petitioner seeks a writ of mandamus to dispose of the statutory appeal on merits and as per law. 2. The learned Government Advocate appearing for the first respondent submitted that the appeal was filed before an incompetent authority. According to him, the petitioner should have filed the appeal before the Commissioner of Municipal Administration, who is the statutory authority. 3. The documents available on record would show that the petitioner filed the second appeal before the first respondent on 27.02.2006. In case, the first respondent is not the competent authority, he should have returned the appeal papers to the petitioner for re-presentation before the concerned authority. However, the fact remains that the first respondent has not sent the appeal papers so far. 4. The petitioner is given liberty to submit the appeal before the Commissioner of Municipal Administration. In case, any such appeal is filed on or before 08.09.2014, the same shall be entertained by the statutory authority. The appeal shall not be rejected on the ground of limitation. 5. The direction with regard to limitation is given because of the fact that the petitioner has filed the second appeal within the statutory period before the first respondent. 6. The appeal shall be considered and disposed of as expeditiously as possible and in any case, within a period of three months from the date of receipt. 7. The Writ Petition is disposed of with the above direction. No costs.