P.Gowri v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.NO.10879 OF 2017 P.Gowri

...Petitioner

-Vs1. The District Collector, Salem, Salem District.

2. The Block Development Officer/ Special Officer, Chinnamma Naicken Palayam Village Panchayat, Vazhapaddy Taluk, Salem District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st respondent to pass appropriate orders on the representation dated 27.03.2017 made by the petitioner herein. For Petitioner : Mr.T.Sundaravadanam For Respondents : Mr.C.Selvaraj, Additional Government Pleader.

O R D E R

The petitioner herein had given various representations seeking for a direction to the first respondent to consider the representation of the petitioner dated 27.03.2017 and for a consequential direction to the second respondent to issue appropriate directions to permit the petitioner to perform duty.

2. It is needless to point out that whenever representations of this nature are 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, nonconsideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will https://hcservices.ecourts.gov.in/hcservices/

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.

3. Since the representation was made on 27.03.2017, it would not be appropriate to direct the respondents to consider the same after a lapse of four years. On the other hand, if the petitioner is granted liberty to give a fresh representation with a consequential direction to the respondents to consider the same, the ends of justice could be secured.

4. In the light of the above observations, the petitioner is granted liberty to make a fresh representation to the second respondent, along with a copy of the earlier representation dated 27.03.2017, ventilating his grievances as expeditiously as possible and on receipt of such representation from the petitioner, the second respondent shall consider it on its own merits and pass appropriate orders in accordance with law, within a period of four (04) weeks from the date of receipt of the fresh representation made by the petitioner.

5. With the above direction, this Writ Petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar sts/ata To:

1. The District Collector, Salem, Salem District.

2. The Block Development Officer/ Special Officer, Chinnamma Naicken Palayam Village Panchayat, Vazhapaddy Taluk, Salem District.

+1cc to Mr.T.Sundaravadanam, Advocate, S.R.No.65728 +1cc to the Government Pleader, S.R.No.66130 W.P.No.10879 of 2017 KV(CO) RLP(22/12/2021) https://hcservices.ecourts.gov.in/hcservices/