P.Govindan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.NO.13534 OF 2022 P.Govindan ... Petitioner Vs

1. The District Collector, (Rural Development), Villupuram District.

2. The Commissioner, (Panchayat Union), Kallakurichi - 606 201, Villupuram District.

... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to provide the suitable appointment to the petitioner on compassionate grounds, on the proposal submitted by the 2nd respondent vide Na.Ka.No.a1/1676/2018 dated 13.08.2018, by considering the representation of the petitioner dated 16.05.2022.

For Petitioner :

Mr.S.N.Ravichandran For Respondents :

Mr.P.Sathish Additional Government Pleader

ORDER

By consent of both the parties, this writ petition is taken up for final disposal.

2. The petitioner herein had given a representation to the 1st respondent on 16.05.2022 seeking for appointment on compassionate grounds in the light of the 2nd respondent's proposal dated 13.08.2018. Since the said representation was not considered, the present writ petition has been filed. https://hcservices.ecourts.gov.in/hcservices/

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 the respondents 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 invoking its extraordinary powers under Article 226 of 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 first respondent herein to consider the petitioner's representation dated 16.05.2022 on its own merits and pass appropriate orders in accordance with law, within a period of three months 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.

Sd/- Assistant Registrar/Vacation Officer //True Copy// Sub Assistant Registrar pns/dua To

1. The District Collector, (Rural Development), Villupuram District.

2. The Commissioner, (Panchayat Union), Kallakurichi - 606 201, Villupuram District.

+1cc to M/s.S.N.Ravichandran, Advocate, S.R.No.32004 W.P.No.13534 of 2022 PMK(CO) RLP(16/06/2022) https://hcservices.ecourts.gov.in/hcservices/