T.Vinothkumar v. The Principal Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH T.Vinothkumar ... Petitioner Vs.

1.The Principal Secretary to Government, Revenue and Disaster Management Department, Secretariat, Chennai-9.

2.The Commissioner of Revenue Administration, Chepauk, Chennai-5.

3.The Collector, Ranipet, Ranipet District.

4.The Tahsildar, Nemili Taluk, Ranipet District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the fourth respondent to appoint the petitioner as a Village Assistant within the jurisdiction of the fourth respondent.

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For Petitioner : Ms.Lakshmi 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 stage of admission itself.

2. The petitioner herein had given a representation to the fourth respondent on 11.3.2023 seeking to appoint him as the Village Assistant in Peruvalayam Village, Nemili Taluk. Since the said representation has not yet been considered, the 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 amount to dereliction of duty and hence, this Court will be justified in 2/5

invoking its extraordinary powers under Article 226 of Constitution of India and direct him to consider the same within a stipulated time.

4. In the light of the above observations, there shall be a direction to the fourth respondent to consider the petitioner's representation dated 11.3.2023 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 of the petitioner and that it is open to the concerned respondent to consider the same on its own merits.

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

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To 1.The Principal Secretary to Government, Revenue and Disaster Management Department, Secretariat, Chennai-9.

2.The Commissioner of Revenue Administration, Chepauk, Chennai-5.

3.The Collector, Ranipet, Ranipet District.

4.The Tahsildar, Nemili Taluk, Ranipet District.

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M.S.RAMESH,J.

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