V.Venkatesan v. The District Registrar,(Admin)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.06.2022

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH W.P.No.14013 of 2022 V.Venkatesan ... Petitioner Vs.

1. The District Registrar, (Admin) Arakkonam District Registrar Office, Arakkonam - 631 001.

Now designated at The District Registrar, (Admin) Ranipet District Registrar Office, Ranipet - 632401.

2.E.Ravi 3.Kuppabai 4.Jothi 5.P.Natarajan 6.E.Mohan ... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to consider and pass orders on the Petitioner's representation dated 22.12.2021 within a time frame fixed by this Court.

For Petitioner : Mr.D.Suriyanarayanan For R1 : Mr.T.Chezhiyan 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 first respondent to consider and pass orders on the Petitioner's representation dated 22.12.2021 within a time frame fixed by this Court. 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, https://hcservices.ecourts.gov.in/hcservices/

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 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 first respondent herein to consider the petitioner's representation dated 22.12.2021 on its own merits and pass appropriate orders by conducting enquiry after giving due opportunity to the petitioner and the respondents 2 to 6 herein in accordance with law, after considering the representation of the petitioner by conducting enquiry within a period of three (3) 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(CO) //True Copy// Sub Assistant Registrar jeni To

1. The District Registrar, (Admin) Arakkonam District Registrar Office, Arakkonam - 631 001.

2. Copy to:- The District Regisrar, (Admin) Ranipet District Registrar Office, Ranipet - 632401.

+1cc to Mr.D.Suriyanarayanan, Advocate, S.R.No.32164 W.P.No.14013 of 2022 PMK(CO) CT/17/06/2022 https://hcservices.ecourts.gov.in/hcservices/