Madras High Court
WP/11958/2024 of K.RAMAMOORTHY Vs THE DISTRICT COLLECTOR on 9 October 2026
WP No. 11958 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-10-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
WP No. 11958 of 2024
CNR:{HCMA010710562024}
K.Ramamoorthy
..Petitioner
Vs
1. The District Collector
Chennai District, Chennai
2. The Assistant Director
Land Survey And Land Records, Chennai
District Unit Chennai
..Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider petitioners representation dated 6.10.2022 and give enhanced subsistence allowance of 50
percent to 75 percent with effect from 30.12.2009 to 01.09.2021.
For Petitioner:
Mr.D.Rajagopal
For Respondents:
Mr.S.Ilamvaludhi,
Special Government Pleader
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ORDER
This Writ Petition has been filed for the issuance of a Writ of Mandamus directing the respondents to consider petitioner’s representation dated 6.10.2022 and give enhanced subsistence allowance of 50 percent to 75 percent with effect from 30.12.2009 to 01.09.2021.
WP No. 11958 of 2024
2. The learned counsel for the petitioner submitted that the petitioner has been suspended from service on 30.06.2009 on account of certain charges and subsequently after the completion of the disciplinary proceedings, he was dismissed from service on 01.09.2021. The learned counsel counsel submitted that since the suspension was prolonged for more than six months, he is entitled to have enhanced subsistence allowance. In this regard, he had already filed a writ petition before this Court in W.P.No.4903 of 2016 wherein this Court given liberty to the petitioner to submit a representation vide order dated 06.09.2022. It is the submission of the learned counsel for the petitioner that in pursuance of the order of this Court, the petitioner though submitted a representation on 06.10.2022, the respondents have not at all considered the representation all these years.
3. At this juncture, the learned Special Government Pleader contended that the petitioner was charged under the provisions of the Prevention of Corruption Act and subsequently he was dismissed from service. Therefore the question of enhancement of subsistence allowance does not arise as the delay was on account of the petitioner's non-cooperation in the disciplinary proceedings which prolonged the matter for a considerable period of more than a decade. Hence, he contended that the petitioner is not entitled for enhanced subsistence allowance, however, in all fairness, he submitted that if reasonable
WP No. 11958 of 2024
time is given, the petitioner’s representation dated 06.10.2022 would be considered according to its own merits.
4. In such view of the above submission, without going into the merits of the case, this Court directs the respondents to consider the petitioner’s representation dated 06.10.2022 according to its own merits and in accordance with the law and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order.
5. With the above direction, the writ petition stands disposed of. No costs. 09-10-2026 Index: Yes Speaking order Neutral Citation: Yes SHL To:
1. The District Collector Chennai District, Chennai
2. The Assistant Director Land Survey And Land Records, Chennai District Unit Chennai
WP No. 11958 of 2024
C.KUMARAPPAN J. SHL WP No. 11958 of 2024 09-10-2026