M.Saleem v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.03.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU M. Saleem ... Petitioner -vsThe Managing Director, Tamilnadu State Express Transport Corporation Limited, No.2, Pallavan Salai, Chennai - 600 002.

... Respondent Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Managing Director, Tamilnadu State Express Transport Corporation Limited, No.2, Pallavan Salai, Chennai - 600 002 the Respondent herein to dispose the representation of the Petitioner dated 13.07.2022.

For Petitioner : Mrs. S.S.Jothivani For Respondents : Mr. Sivasubramani

O R D E R

Heard Mrs. S.S.Jothivani, Learned Counsel for the Petitioner and Mr. Sivasubramani, Learned Counsel takes notice for the Respondent and perused the materials placed on record, apart from the pleadings of the parties. 1/4

2.

The grievance ventilated by the Petitioner is that he had made a representation dated 13.07.2022 to the Respondent for disbursement of the monetary benefits due to his father, viz., B.Mohammed Sherif, but as it did not evoke any response, he has filed this Writ Petition. 3.

Having regard to the limited nature of relief sought, this Court without expressing any view on the correctness or entitlement of the claim made by the Petitioner, passes the following order:- (i) the concerned authority shall immediately examine the representation dated 13.07.2022 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 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 respective position in that regard;

2/4

(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 by 31.08.2023 under written acknowledgment; (v) if the Petitioner is found entitled to any monetary benefits, the same shall be paid along with working-sheet showing its calculation within a period of three months from the date of passing of that order; and (vi) the report of such compliance shall be filed before the Registrar (Judicial) of this Court.

5.

In fine, the Writ Petition is disposed on the aforesaid terms. No costs. 29.03.2023 sgl/skr Index: Yes/No Note: Issue order copy by 05.06.2023 To The Managing Director, Tamilnadu State Express Transport Corporation Limited, No.2, Pallavan Salai, Chennai - 600 002.

3/4

P.D. AUDIKESAVALU, J.

sgl/skr Copy to The Registrar (Judicial), Madras High Court, Chennai - 600 104.

29.03.2023 4/4