V. Purushothaman v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.03.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH V.Purushothaman

...Petitioner

Vs 1.The State of Tamil Nadu Rep. by its Secretary to Government, Environment and Forest Department, Fort St. George, Chennai - 9.

2.The Principal Chief Conservator of Forest & Head of Forests Force, Forest Headquarters, Velachery Main Road, Guindy, Chennai - 600 032.

3.The District Forest Officer, Thiruvallur Forest Division, Thiruvallur.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to grant appointment to the petitioner in a suitable post on compassionate ground by considering the petitioner's representation dated 19.04.2021 as per the 1/4

proceedings in Na.Ka.No.5596/2013/pa dated 01.10.2019 within a time frame.

For Petitioner : M/s.K.Jenitha For Respondents : M/s.E.Indhumathi Government Advocate

ORDER

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 second respondent on 19.04.2021 seeking for a direction to provide him employment in a suitable post on compassionate ground. 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 respondents 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 2/4

Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

4. In the light of the above observations, there shall be a direction to the second respondent herein to consider the petitioner's representation dated 19.04.2021 on its own merits and pass appropriate orders in accordance with law, within a period of four 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 respondents to consider the same on its own merits.

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

03.03.2023 Index:Yes/No Speaking order/Non-speaking order hvk 3/4

M.S.RAMESH,J.

hvk To 1.The Secretary to Government, Environment and Forest Department, Fort St. George, Chennai - 9.

2.The Principal Chief Conservator of Forest & Head of Forests Force, Forest Headquarters, Velachery Main Road, Guindy, Chennai - 600 032.

3.The District Forest Officer, Thiruvallur Forest Division, Thiruvallur.

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