LAWS(MAD)-2025-2-150

B. SIVASANKAR Vs. GOVERNMENT OF TAMIL NADU

Decided On February 24, 2025
B. Sivasankar Appellant
V/S
GOVERNMENT OF TAMIL NADU Respondents

JUDGEMENT

(1.) The Writ Petition has been filed in the nature of a Certiorarified Mandamus seeking records of the order of the first respondent in G.O.(D).No. 223, Municipal Administration and Water Supply (ME.4) Department, dtd. 26/4/2023 and to set aside the same.

(2.) The writ petitioner has also incidentally sought that this Court should interfere with the order of the second respondent dtd. 6/11/2018 and also the order dtd. 26/8/2013 issued by the first respondent and the further order of the second respondent dtd. 4/11/2011 as those orders have merged with the order impugned namely, the order dtd. 26/4/2023 in G.O.(D).No. 223, Municipal Administration and Water Supply (ME.4) Department, dtd. 26/4/2023 issued by the first respondent.

(3.) In the affidavit filed in support of the Writ Petition, it had been contended that the writ petitioner had joined the second respondent Corporation / Greater Chennai Corporation in the year 1993 for the post of Assistant Engineer. He was then promoted as Assistant Executive Engineer on 21/3/2005. He was issued with a charge memo on 2/2/2011 in which it was alleged that when he worked as Assistant Engineer in Town Planning Sec. , he had issued a building permit on 18/1/996 without verifying the title of the site and thereby enabled S.Srikanth of Hotel Shan Royal Private Limited at Koyambedu to encroach upon Sarkar Poromboke land to an extent of 1003 square meters in Block No. 31, T.S.No. 9/1 of Koyambedu Village and also the adjoining Coovum River to an extent of 1013 square meters in Block No.6, T.S.No.1 of Naduvankarai and that by this grant of building permission, he had violated Rule 20 of the Madras Corporation Servants Conduct Rules, 1968.