D.R.Venkataraman v. The Principal Conservator Of Forests

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH D.R.Venkataraman

...Petitioner

Vs.

1.The Principal Conservator of Forests, Forest Chairman, Panagal Maligia, Saidapet, Chennai.

2.The District Forest Officer, Dharmapuri Range, Dharmapuri District, Dharmapuri.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to implement the recommendations of the 2nd respondent in its proceedings vide Na.Ka.NO.860/2006/P1 dated 18.02.2022 to disburse the petitioner's retirement benefits.

For Petitioner : Mr.K.Gandhi Kumar For Respondents : Mr.P.Baladhandayutham, Special Government Pleader 1/4

ORDER

With the consent of both the parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

2. The petitioner had given various representations to the respondents, seeking for disbursement of his retirement benefits. Since the said representations have not been 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 him to consider the same within a stipulated time. 2/4

4. It is seen that the petitioner is aged about 73 years. By taking into account of his age, the first respondent herein is directed to consider the petitioner's representation dated 23.03.2023, on its own merits and pass appropriate orders in accordance with law as expeditiously as possible, in any event, within a period of two weeks from the date of receipt of a copy of this order. 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 concerned respondent to consider the same on its own merits.

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

23.06.2023 Index:Yes/No Speaking order/Non-speaking order hvk 3/4

M.S.RAMESH,J.

hvk To 1.The Principal Conservator of Forests, Forest Chairman, Panagal Maligia, Saidapet, Chennai.

2.The District Forest Officer, Dharmapuri Range, Dharmapuri District, Dharmapuri.

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