C.Govindaraju v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH 1.C.Govindaraju 2.S.Subramani 3.R.Periyasamy 4.K.Chakkaravarthy 5.A.Appusamy 6.K.Eswaran Moorthy

...Petitioners

Vs 1.The Government of Tamil Nadu, Rep. by the Secretary to Government, Forest Department, Secretariat, Fort St. George, Chennai - 600 009.

2.The Principal Chief Conservator of Forest, Head of Forest Office, No.1, Panagal Maligai Building, 8th Floor, Jeenis Road, Saidapet, Chennai - 600 015.

3.The District Revenue Officer, Authur, Salem District.

...Respondents

1/4

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 and 2 to pass orders on the representation dated 13.02.2023. For Petitioners : Mr.C.Balasundar For Respondents : Mr.P.Baladhandayutham, Special Government Pleader

ORDER

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

2. The petitioners herein had jointly given a representation to the respondents on 13.02.2023 requesting to consider their past services and to issue permanent employment in the Forest Department. The said representation has not been considered till date and hence, the petitioners have preferred the present Writ Petition.

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 him to consider the same on its own merits and pass appropriate orders in one 2/4

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 the 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 first respondent herein to consider the petitioners' representation dated 13.02.2023 on its own merits and pass appropriate orders in accordance with law, within a period of eight 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 made by the petitioner and that it is open to the concerned respondent to consider the same on its own merits.

5. With the above directions, the Writ Petition stands disposed of. No costs.

06.06.2023 Index:Yes/No hvk 3/4

M.S.RAMESH,J.

hvk To 1.The Secretary to Government, Forest Department, Secretariat, Fort St. George, Chennai - 600 009.

2.The Principal Chief Conservator of Forest, Head of Forest Office, No.1, Panagal Maligai Building, 8th Floor, Jeenis Road, Saidapet, Chennai - 600 015.

3.The District Revenue Officer, Authur, Salem District.

06.06.2023 4/4