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Madras High CourtWP/6095/2023disposed of

P.K.Karthick v. The Secretary

2023-03-01Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH P.K.Karthick ... Petitioner Vs.

The Secretary, Tamilnadu Public Service Commission, TNPSC Road, Broadway, Chennai.

... Respondent PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 01.02.2023 and direct the respondent to implement the order of this Court in W.P.No.6201 of 2013 dated 07.09.2022 in accordance with law.

For Petitioner : Mr.V.Parthiban For Respondent : Mr.R.Bharanidharan 1/4

O R D E R

With the consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 2.

The petitioner herein had given a representation to the respondent on 01.02.2023, seeking for a direction to rearrange the final rank list of the Group I services examination 2014-16. Since the said representation was not considered, the present Writ Petition has been filed.

3.

It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondent to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

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4.

In the light of the above observations, there shall be a direction to the respondent herein, to consider the petitioner's representation dated 01.02.2023 on its own merits and pass appropriate orders in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioner and that it is open to the respondent to consider the same on its own merits.

5.

With the above direction, the Writ Petition stands ordered. No costs.

01.03.2023 Speaking/Non-speaking Order Internet: Yes/No Index: Yes/No AT 3/4

M.S.RAMESH, J.

AT To The Secretary, Tamilnadu Public Service Commission, TNPSC Road, Broadway, Chennai.

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