K.Murugan v. The Tamilnadu State Marketing Corporation

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.06.2023

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH K.Murugan

...Petitioner

Vs.

1.The Tamil Nadu State Marketing Corporation Ltd., (TASMAC) Rep.by its Managing Director "Thalamuthu Natarajan Maaligai"

Gandhi - Irwin Road Egmore, Chennai - 600 008.

2.The Tamil Nadu State Marketing Corporation Ltd., (TASMAC) Rep.by its Senior Regional Manager Fairlands, Salem Salem District.

3.The Tamil Nadu State Marketing Corporation Ltd., (TASMAC) Rep.by its District Manager Thadangam Village Nallampalli Taluk Dharmapuri, Dharmapuri District.

...Respondents

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Prayer:- This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the first respondent to reinstate the petitioner with all backwages and attendant benefits based on the representation of the petitioner dated 21.12.2021 and 30.03.2022. For Petitioner : Mr.I.Arokiasamy For Respondents : Mr.S.Ramesh TASMAC

ORDER

The petitioner herein had given representations to the respondents on 21.12.2021 and 30.03.2022, seeking direction to the first respondent to reinstate the petitioner with all backwages and attendant benefits. The said representations have not been considered till date and hence, the petitioner has preferred the present Writ Petition.

2. 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 2/5

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.

3. In the light of the above observations, there shall be a direction to the first respondent herein to consider the petitioner's representations dated 21.12.2021 and 30.03.2022 on its own merits and pass appropriate orders in accordance with law, within a period of eight 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 made by the petitioner and that it is open to the concerned respondent to consider the same on its own merits.

4. With the above directions, the Writ Petition stands disposed of. No costs.

14.06.2023 Index : Yes/No pvs 3/5

To 1.The Tamil Nadu State Marketing Corporation Ltd., (TASMAC) Rep.by its Managing Director "Thalamuthu Natarajan Maaligai"

Gandhi - Irwin Road Egmore, Chennai - 600 008.

2.The Tamil Nadu State Marketing Corporation Ltd., (TASMAC) Rep.by its Senior Regional Manager Fairlands, Salem Salem District.

3.The Tamil Nadu State Marketing Corporation Ltd., (TASMAC) Rep.by its District Manager Thadangam Village Nallampalli Taluk Dharmapuri, Dharmapuri District.

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M.S.RAMESH .J., pvs 14.06.2023 5/5