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2023 Supreme(Mad) 2158

BATTU DEVANAND
R. Keasavan Kutty Nair – Appellant
Versus
State of Tamil Nadu, Rep. , by its Principal Secretary, Finance Department, Secretariat, Chennai – Respondent


Advocates appeared:
For the Petitioner:H. Mohammed Imaran for M/s. Ajmal Associates. Advocates. For the Respondents: P. Subbaraj, Special Government Pleader.

JUDGMENT

(Prayer: Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus, forbearing the respondents from recovering any amount from the retirement benefit of the petitioner and consequentially to direct the fourth and fifth respondents to repay the recovered amount from the retirement benefit of the petitioner within the period that may be stipulated by this Court.)

1. This writ petition has been filed seeking Writ of Mandamus forbearing the respondents from recovering any amount from the retirement benefits of the petitioner and for a consequential direction to Respondents No.4 and 5 to repay the recovered amount from the retirement benefit of the petitioner in the interests of justice.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents and perused the materials available on record.

3. It appears that this writ petition was listed ''for admission'' first time on 09.09.2016. On that day, one Mr.S.Chandrasekar, learned Government Advocate, took notice for the respondents and it was adjourned for four weeks for filing counter. Thereafter, this case was not listed till 03.07

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