R.Malarchelvi v. The Additional Chief Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2023

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH R.Malarchelvi ... Petitioner Vs.

1.The Additional Chief Secretary / Commissioner for Revenue Administration, Chepauk, Chennai - 600 005.

2.The Commissioner for Land Administration, Chepauk, Chennai - 600 005.

3.The District Revenue Officer, Thiruvannamalai District, Thiruvannamalai.

4.The Tahsildar, Vembakkam Taluk, Vembakkam, Thiruvannamalai District.

... Respondents Prayer: Writ Petition has been filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to issue necessary orders for enabling the petitioner to complete Revenue Inspector Training either in Kancheepuram District or Ranipet District for remaining period of 15 months.

For Petitioner : Mr.C.Prakasam For Respondents : Mr.M.Bindran Additional Government Pleader

O R D E R

The prayer sought for in this Writ Petition is for a direction to the respondents 1 and 2 to issue necessary orders for enabling the petitioner to complete Revenue Inspector Training either in Kancheepuram District or Ranipet District for remaining period of 15 months.

2. In this regard, the petitioner had given a representation to the respondents on 21.04.2022. Since the said representation was not considered, the petitioner has preferred the present 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 them 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, nonconsideration 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.

4. In the light of the above observations, there shall be a direction to the respondents1 and 2 herein to consider the petitioner's representation dated 21.04.2022, 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 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 concerned respondent to consider the same on its own merits.

5. With the above direction, the Writ Petition stands disposed of. No costs.

23.11.2023 Jeni Index : Yes / No Speaking order / Non-speaking order

To 1.The Additional Chief Secretary / Commissioner for Revenue Administration, Chepauk, Chennai - 600 005.

2.The Commissioner for Land Administration, Chepauk, Chennai - 600 005.

3.The District Revenue Officer, Thiruvannamalai District, Thiruvannamalai.

4.The Tahsildar, Vembakkam Taluk, Vembakkam, Thiruvannamalai District.

M.S.RAMESH , J.

Jeni 23.11.2023