K.Anbazhagan v. District Backward And Minorities

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.09.2021

CORAM

THE HONOURABLE MR. JUSTICE R. MAHADEVAN W.P. No. 17396 of 2021 K. Anbazhagan .. Petitioner

Versus

1. District Backward and Minorities Welfare Officer Office of the BC and DNC Welfare Department Nagapattinam District

2. The Hostel Warden Backward Community Students Hostel Government Higher Secondary School Thagattur Villages, Nagapattinam District .. Respondents This Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents to consider and pass orders on the representation of the petitioner dated 07.08.2021 as to the claim of the petitioner with regard to the dues payable by the respondents for the hostel run by the first respondent and within a time frame fixed by this Hon'ble Court For Petitioner : Mr.G. Ilamurugu For Respondents : Mr.Stalin Abhimanyu Government Counsel

ORDER

Mr.Stalin Abhimanyu, learned Government counsel, takes notice for the respondents. By consent of both the parties, this writ petition is taken up for final disposal at the time of admission itself.

2.According to the petitioner, he is a milk vendor. He served milk and other milk products to the Government Higher Secondary School, Backward community students hostel situated at Thagattur village Nagapattinam District, from the date of establishment of hostel till 2017 and he was paid upto the year 2010. Thereafter, the warden of the hostel by name Vairavamoorthy, did not make any payment from April 2010 to February 2018 and the amount due to the petitioner is Rs.2,91,424.25. Stating that the second respondent is responsible to pay the said amount, after obtaining sanction from the first respondent, the petitioner sent a legal notice dated 14.10.2019 to the first respondent demanding the dues payable to him with interest. Finding no response on the same, he sent a representation dated 07.08.2021 to the respondents, which was also pending, without any action. Therefore, the petitioner has filed this writ petition seeking appropriate direction to the respondents in this regard.

3.Heard both parties and perused the documents enclosed in the typed set of papers.

4.Considering the limited scope of the matter, this court, without going into the merits of the case, directs the respondents to consider the petitioner's representation dated 07.08.2021 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of hearing to the petitioner and any other interested parties, within a period of six weeks from the date of receipt of a copy of this order. 5.Accordingly, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar dhk

To

1. District Backward and Minorities Welfare Officer Office of the BC and DNC Welfare Department Nagapattinam District

2. The Hostel Warden Backward Community Students Hostel Government Higher Secondary School Thagattur Villages, Nagapattinam District +1cc to M/s.G.Ilamurugu, Advocate, S.R.No.44804 +1cc to the Government Pleader, S.R.No.45225 W.P. No. 17396 of 2021 RR(CO) SB(18/10/2021)