G.Alex Benziger v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.07.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.3945 of 2021 G.Alex Benziger .. Petitioner Vs 1 The State of Tamilnadu Rep by its Chief Secretary Law Department 2 The State of Tamilnadu Rep by its Secretary Consumer Affairs, Food and Civil Supplies Department 3 The Registrar General High Court of Madras Madras High Court Chennai - 600 104.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondents to fill up the vacancy for the post of the President and the Members of the Tamilnadu - State Consumer Dispute Redressal Commission Chennai and District Consumer Dispute Redressal Commissions in Tamil Nadu.

For Petitioner : M.Raja Sekhar For Respondents : Mr.P.Muthukumar Counsel for the State for respondents 1 and 2 : Mr.Karthik Ranganathan for 3rd respondent

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The matter pertains to the filling up of the several posts at the District Consumer Fora all over the State.

2. Recently, the post of the President of the State Consumer Disputes Redressal Commission has been filled up and it has been the endeavour of the newly installed President to ensure that the posts at the District Fora are also filled up expeditiously.

3. It appears from the Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of the President and members of the State Commission and District Commission) Rules, 2020 that the selection process provides for the Chief Justice of this Court or his nominee along with two Secretaries of the State forming the selection panel.

4. Both the State Government and the Chief Justice should ensure that the panel is in place as expeditiously as possible and, preferably, within a week from date. Once the selection panel is in place, it should immediately cause advertisements to be published inviting applications from suitable candidates, and the posts of Chairpersons and Members of the District Fora should be attempted to be filled up in accordance with law such that there is no vacancy after four months from date, subject to availability of suitable candidates.

5. W.P.No.3945 of 2021 is disposed of in the hope that all the vacancies would be filled up within the time indicated. In the event the vacancies are not filled up within the time indicated, it will be open to the writ petitioner or any other person to approach this Court afresh.

There will be no order as to costs.

Sd/- Assistant Registrar(co) //True Copy// Sub Assistant Registrar sasi To:

1 The Chief Secretary State of Tamilnadu Law Department

2 The Secretary State of Tamilnadu Consumer Affairs, Food and Civil Supplies Department 3 The Registrar General High Court of Madras Madras High Court Chennai - 600 104.

+1 cc to Government Pleader Sr.No. 34042 Copy to The Section Offier, Legal court, High court, Madras. W.P.No.3945 of 2021 RLD(CO) B.VC(20.07.2021)