M.Manivannan v. Tamil Nadu Pollution Control Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU M. Manivannan ... Petitioner -vs1. Tamil Nadu Pollution Control Board, Rep. by its Chairperson, No. 76, Mount Salai, Guindy, Chennai - 600 032.

2. The Member Secretary, Tamil Nadu Pollution Control Board, No. 76, Mount Salai, Guindy, Chennai - 600 032.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First Respondent to consider the representation of the Petitioner dated 31.10.2022 and pass orders on the same.

For Petitioner : Mr. Balan Haridas For Respondents : Mrs. Vijayakumari Natarajan, Standing Counsel 1/5

O R D E R

Heard Mr. Balan Haridas, Learned Counsel for the Petitioner and Mrs. Vijayakumari Natarajan, Learned Standing Counsel appearing on behalf of the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

The grievance ventilated by the Petitioner is that he had made representation dated 31.10.2022 to the Respondents for promotion to the post of Assistant Manager, but as it did not evoke any response, he has filed this Writ Petition.

3.

Having regard to the limited scope of the relief sought in the Writ Petition, this Court without expressing any view on the merits of controversy involved, passes the following order:- (i) the concerned authority shall immediately examine the representation dated 16.02.2022 made by the Petitioner including ascertaining as to whether the Petitioner would be entitled for the relief claimed; (ii) if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed in writing to the 2/5

Petitioner requiring the same to be furnished within a time frame of not less than 15 days for the same;

(iii) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioner and all other persons concerned to explain their position in that regard; and (iv) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated under written acknowledgment.

(v) the report of such compliance shall be filed by 30.06.2023 before the Registrar (Judicial) of this Court.

4.

In the result, the Writ Petition is disposed on the aforesaid terms. No costs.

13.03.2023 skr Index: Yes/No Note: Issue order copy by 25.05.2023 3/5

To

1. The Chairperson, Tamil Nadu Pollution Control Board, No. 76, Mount Salai, Guindy, Chennai - 600 032.

2. The Member Secretary, Tamil Nadu Pollution Control Board, No. 76, Mount Salai, Guindy, Chennai - 600 032.

Copy to The Registrar (Judicial) Madras High Court, Chennai.

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P.D. AUDIKESAVALU, J.

skr 13.03.2023 5/5