Madras High CourtWP/10619/2023disposed of

S.Jayaradha v. The Deputy Registrar

2023-06-15Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH W.P.No.10619 of 2023 and W.M.P. No.10564 of 2023 S.Jayaradha ... Petitioner Vs

1. The Deputy Registrar, Cooperative Societies, Public Distribution Scheme, Namakkal District Collector office, Namakkal District.

2. The President, S299 Mousi Primary Agricultural Cooperative Society Ltd., Mousi - 637210 (A.N) Thiruchengode Taluk, Namakkal District.

3. P.Kalaiselvi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent to consider the petitioner for promotion to the post of Lower Clerk based on the seniority list, by considering the petitioner's representation dated 15.12.2022.

For Petitioner : Ms.G.Keerthana 1/4

For Respondents : Mr.S.Prabhakaran, Government Advocate for R1 Mr.R.Balaramesh, for R3

ORDER

Heard Ms.G.Keerthana, learned counsel for the petitioner, Mr.S.Prabhakaran, learned Government Advocate for the first respondent and Mr.R.Balaramesh, learned counsel for the third respondent. 2.The petitioner herein had given a representation to the official respondents on 15.12.2022 for promotion to the post of Lower Clerk based on the seniority list. 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 him 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 2/4

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. 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 15.12.2022, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the third respondent also, within a period of eight weeks from the date of receipt of a copy of this order.

5.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 official respondents to consider the same on its own merits. 3/4

M.S.RAMESH,J.

vga 6.With the above direction, the Writ Petition stands disposed of. Consequently, connected W.M.P. stands closed. No costs. 15.06.2023 Index:Yes/No Speaking order/Non-speaking order vga To

1. The Deputy Registrar, Co-operative Societies, Public Distribution Scheme, Namakkal District Collector office, Namakkal District.

2. The President, S299 Mousi Primary Agricultural Cooperative Society Ltd., Mousi - 637210 (A.N) Thiruchengode Taluk, Namakkal District.

W.P.No.10619 of 2023 and W.M.P. No.10564 of 2023 4/4