K.Kalyani v. The District Collector

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED : 23.07.2021 CORAM :

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.No.16420 of 2020 Tmt.K.Kalyani ... Petitioner -VsThe District Collector, Chengalpattu District, Rural Development Section, O/o. Chengalpattu Collectorate, Chengalpattu.

.. Respondent Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent herein to dispose of the petitioner's representation dated 31.08.2020 seeking her reinstatement in service as Block Development Officer (V.P)/ Special Officer, Madurantakam Panchayat Union, Chengalpattu District. For Petitioner :

Mr.K.Thilagaraj For Respondent :

Mr.K.Tippu Sultan, Government Advocate

O R D E R

By consent of both the parties, this writ petition is taken up for final disposal.

2. Since the petitioner's request seeking her reinstatement in service as Block Development Officer (V.P)/ Special Officer, Madurantakam Panchayat Union, Chengalpattu District was not considered, the present writ petition has been filed. According to the petitioner, she has made a representation in this regard on 31.08.2020, which is still pending.

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 the respondents 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 https://hcservices.ecourts.gov.in/hcservices/

Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

4. In the light of the above observations, it would be appropriate to direct the respondent herein to consider the petitioner's representation dated 31.08.2020 within a stipulated time and thereby, the ends of justice could be secured. 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.

5. Accordingly, there shall be a direction to the respondent to consider the petitioner's representation dated 31.08.2020 on its own merits and pass appropriate orders in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar KST To The District Collector, Chengalpattu District, Rural Development Section, O/o. Chengalpattu Collectorate, Chengalpattu.

+1cc to Government Pleader (SR No.35563) W.P.No.16420 of 2020 PCH (CO) PR (10/08/2021) https://hcservices.ecourts.gov.in/hcservices/