M.Mahesh v. The Tamil Nadu Civil Supplies Corporation

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH M.Mahesh ... Petitioner Vs The Tamilnadu Civil Supplies Corporation, Rep. by its Managing Director, 10, Thambusamy Road, Chennai - 10.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to consider the representation dated 10.10.2022 requesting to review the order of suspension AD7/13163/2022, dated 25.05.2022, revoke the same and restore the petitioner to duty without further delay. For Petitioner : Mr.S.Venkataraman For Respondent : Mr.C.Selvaraj Standing Counsel 1/4

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 given a representation to the respondent on 10.10.2022 to review the order of suspension AD7/13163/2022, dated 25.05.2022 and restore him to duty. 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 respondent herein to consider the petitioner's representation dated 10.10.2022, 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 respondent 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 To The Managing Director, Tamilnadu Civil Supplies Corporation, 10, Thambusamy Road, Chennai - 10.

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M.S.RAMESH,J.

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