Mathurasu v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH Mathurasu ... Petitioner Vs

1. The Managing Director, Tamilnadu State Transport Corporation, Salem Ltd, No.12 Ramakrishna Road, Salem - 636 007.

2. The General Manager, Tamilnadu State Transport Corporation, Salem Ltd., Dharmapuri Zone, Dharmapuri - 636 705.

3. The Branch Manager, Tamilnadu State Transport Corporation, Tirupattur Branch, Tirupattur 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 dispose of the petitioner's appeal dated 10.12.2022 in accordance with law within a time frame as may be fixed by this Court.

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For Petitioner : Mr.M.Subash For Respondents : Mr.K.Raja, Standing counsel

ORDER

With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself. 2.The petitioner herein had filed an Appeal dated 10.12.2022 seeking for cancellation of the final order passed by the respondents. Since the said appeal has not been disposed of till date, 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 amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution 2/4

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 respondents herein to consider the petitioner's Appeal dated 10.12.2022, 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.

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 respondents to consider the same on its own merits. 6.With the above direction, the Writ Petition stands disposed of. No costs.

16.06.2023 Index:Yes/No Speaking order/Non-speaking order vga 3/4

M.S.RAMESH,J.

vga To

1. The Managing Director, Tamilnadu State Transport Corporation, Salem Ltd, No.12 Ramakrishna Road, Salem - 636 007.

2. The General Manager, Tamilnadu State Transport Corporation, Salem Ltd., Dharmapuri Zone, Dharmapuri - 636 705.

3. The Branch Manager, Tamilnadu State Transport Corporation, Tirupattur Branch, Tirupattur District.

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