Sowndhar .V v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH Sowndhar.V

...Petitioner

Vs 1.The Collector, Erode, Erode District.

2.The Tahsildar, Sathiamangalam, Erode District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider and pass orders on the representation dated 17.11.2022 to provide employment to me on compassionate grounds in any suitable post, consequent on the death of my father, Thiru.Veeraraghavan, on 11.12.2004 while serving as "Village Assistant" in the Alathukombai Village, Sathyamangalam, Erode District.

For Petitioner : Mr.T.Dharani For Respondents : Mr.P.Balandhandayutham Additional Government Pleader 1/4

ORDER

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

2. The petitioner's mother had given a representation to the respondents on 17.11.2022, seeking employment to the petitioner on compassionate grounds. The said representation has not been considered till date. Hence, the petitioner has approached this Court by way of this Writ Petition.

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 the India and direct them to consider the same within a stipulated time. 2/4

4. In the light of the above observations, there shall be a direction to the first respondent herein to consider the representation dated 17.11.2022, on its own merits and pass appropriate orders in accordance with law, within a period of three months 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 made by 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.

30.06.2023 Index:Yes/No Speaking order/Non-speaking order hvk 3/4

M.S.RAMESH,J.

hvk To 1.The Collector, Erode, Erode District.

2.The Tahsildar, Sathiamangalam, Erode District.

30.06.2023 4/4