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Madras High CourtWP/18411/2023disposed of

J.Govindaraj v. The Revenue Divisional Officer

2023-06-23Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH J. Govindaraj ... Petitioner Vs.

The Revenue Divisional Officer, Ariyalur Division, Ariyalur District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the orders of suspension passed by the respondent in R.C.No.A1/2462/2022 dated 13.08.2022 and quash the same and consequently direct the respondent to reinstate the petitioner with all consequential monetary benefits.

For Petitioner : Mr.S. Kamadevan For Respondent : Mr.P. Gurunathan, Additional 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 herein has given representations to the respondent on 13.01.2023 and 21.03.2023, seeking to revoke his suspension order. Since the said representations were 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 the respondent 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 Constitution of India and direct them to consider the same within a stipulated time.

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4. In the light of the above observations, there shall be a direction to the respondent herein, to consider the petitioner's representation dated 21.03.2023, on its own merits and pass appropriate orders in accordance with law, within a period of two (2) 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 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 Internet: Yes/No Sni To The Revenue Divisional Officer, Ariyalur Division, Ariyalur District.

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M.S.RAMESH,J.

Sni 23.06.2023 4/4