K.R.Srinivasan, v. The Executive Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.11.2016

CORAM:

THE HON'BLE MR.JUSTICE M.S.RAMESH W.P.No.6561 of 2013 and M.P.No.1 of 2013 K.R.Srinivasan .. Petitioner Vs 1.The Executive Officer, Sri Boovarahaswami Devasthanam, Sri mushnam, Kattumannarkoil Taluk.

2.The Commissioner, HR & CE Department, Nungambakkam, Chennai - 600 034.

3. The Joint Commissioner, HR & CE Department, Villupuram.

4. R.Gopal

5. T.N.Lakshmivaraha Thatchari (Respondents 4 & 5 are impleaded as per the Orders of this Court in M.P.Nos.2 and 3 of 2013, dated 21.11.2016) .. Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus to direct the respondents 1 and 2 herein to consider the petitioner's representation through his counsel dated 16.03.2012 followed by another representation dated 20.12.2012 requesting the respondents to strictly follow the direction issue in A.S.No.1 of 1938, judgement dated 24.10.1989 on the file of the Subordinate Court, Cuddalore in all respects.

For Petitioner : Mr.T.V.Krishnamachari For Respondents : Mr.K.Chandrasekaran - R1 Mr.R.P.Prathap Singh Government Advocate (HR & CE) - R2 & R3 Mrs.Radha Gopalan - R4 & R5

O R D E R

The petitioner has made a representation dated 16.03.2012 to the second respondent and since the second respondent has not taken any steps to dispose of the same, the present Writ Petition has been filed.

2. Heard Mr.T.V.Krishnamachari, learned counsel for the petitioner, Mr.K.Chandrasekaran, learned counsel for the first respondent, Mr.R.P.Prathap Singh for the second and third respondents and Mrs.Radha Gopalan for the fourth and fifth respondent.

3. It is the grievance of the petitioner that the non consideration of his representation by the second respondent amounts to dereliction of his ordinary duties of his office.

4. In view of the limited prayer sought for in the writ petition and without going into the merits of the claim of the petitioner, the second respondent is directed to consider the petitioner's representation dated 16.03.2012 on its own merits and pass appropriate orders in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

The second respondent, while disposing the representation, shall afford due opportunity to all the interested persons in the matter.

5. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar

To 1.The Executive Officer, Sri Boovarahaswami Devasthanam, Sri mushnam, Kattumannarkoil Taluk.

2.The Commissioner, HR & CE Department, Nungambakkam, Chennai - 600 034.

3. The Joint Commissioner, HR & CE Department, Villupuram.

+1 cc to M/s.K.Chandrasekaran Advocate sr 67487 +1 cc to M/s.Radhagopalan Advocate sr 67580 +1 cc to M/s.C.Jagadish Advocate sr 67562 +1 cc to M/s.Government Pleader sr 67405 W.P.No.6561 of 2013 and M.P.No.1 of 2013 ssk(co) aa09/01/2017