S.Velusamy v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH and WMP.No.18371 of 2023 S.Velusamy Village Administrative Officer, (Under Suspension) Thottampatti Village, Udumalpet Taluk, Tiruppur District.

... Petitioner Vs.

The Revenue Divisional Officer, Udumalpet ... 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 connected with the Ref.0815/2022/A1 dated 18.03.2022 passed by the respondent and quash the same and consequently direct the respondent to reinstate the petitioner into service.

For Petitioner : Mr.S.Ilamvaludhi For Respondent : Mr.S.Prabakaran, Government Advocate 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 has given representation dated 20.10.2022 to the respondent, seeking to review the suspension order. 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 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 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. Since no acknowledgement has been produced before this Court for the representation given by the petitioner, it would be appropriate that the petitioner be granted liberty to give a fresh consolidated representation, with a consequential direction to the respondent herein, to consider the same.

5. In the light of the above observations, the petitioner is granted liberty to give a fresh representation to the respondent herein, ventilating his grievances, along with the old representation and a copy of this order. On receipt of the same, the respondent shall consider it on its own merits and pass appropriate orders in accordance with law, within a period of four (4) weeks from the date of receipt of the representation. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim made by the petitioner and that it is open to the respondent to consider the same on its own merits.

6. With the above direction, this Writ Petition stands disposed of. No costs. Connected miscellaneous petition is closed. 28.06.2023 Index:Yes/No Internet: Yes/No Sni 3/4

M.S.RAMESH,J.

Sni To The Revenue Divisional Officer, Udumalpet.

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