K.M.Prasanna v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH and W.M.P.No.18721 of 2023 K.M.Prasanna

...Petitioner

Vs The District Collector, Tiruvallur.

...Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, to call for the records of the respondent in connection with the impugned order issued by the respondent in Rc.No.22716/2019/PA2 dated 31.10.2019 and quash the same.

For Petitioner : Mr.R.Dhinesh Kumar For Respondent : Mr.S.Prabhakaran, Government Advocate

ORDER

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

2. On the ground of prolonged suspension, the petitioner herein seeks for interference to the impugned suspension order. In this regard, the petitioner had given representations to the respondent on 20.01.2020 and 15.11.2022. The said representations have not been considered till date.

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

4. Since the representations given by the petitioner have not been acknowledged by the respondent, it would be appropriate that the petitioner be granted liberty to give a fresh representation, with a consequential direction to the respondent to consider the same, thereby securing the ends of justice.

5. In the light of the above observations, the petitioner is granted liberty to give a fresh representation to the respondent herein, along with copies of the earlier representations dated 20.01.2020 and 15.11.2022, ventilating his grievances. On receipt of the same, the respondent shall consider it and pass appropriate orders in accordance with law, within a period of four weeks from the date of receipt of the representation.

6. With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 30.06.2023 Index:Yes/No Speaking order/Non-speaking order hvk 3/4

M.S.RAMESH,J.

hvk To The District Collector, Tiruvallur.

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