P.Saravanan v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH P.Saravanan ... Petitioner Vs 1.The Managing Director, TASMAC Limited, Egmore, Chennai - 600 008.

2.The District Manager, TASMAC Limited, Kancheepuram (South), Kancheepuram.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to dispose of the petitioner's representation dated 26.04.2023 in accordance with law.

For Petitioner : Ms.D.Bharathy For Respondents : Mr.K.Balakrishnan, TASMAC 1/4

ORDER

Heard Ms.D.Bharathy, learned counsel for the petitioner and Mr.K.Balakrishnan, learned Standing Counsel for the respondents. 2.The petitioner herein had given a representation to the respondents on 26.04.2023 for settling his salary. 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, 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 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 2/4

to the respondents herein to consider the petitioner's representation dated 26.04.2023, on its own merits and pass appropriate orders in accordance with law, within a period of four weeks 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.

09.06.2023 Index:Yes/No Speaking order/Non-speaking order vga 3/4

M.S.RAMESH,J.

vga To 1.The Managing Director, TASMAC Limited, Egmore, Chennai - 600 008.

2.The District Manager, TASMAC Limited, Kancheepuram (South), Kancheepuram.

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