V.Umarani v. The Secretary To The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.12.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH V.Umarani ... Petitioner Vs.
1.The Secretary to the Government of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600 009.
2.The Director General of Police, Head Police Force, Chennai - 600 004.
3.The Deputy Inspector General of Police, Office of the Deputy Inspector General of Police, Tiruchirapalli Range, Trichy.
4.The Superintendent of Police, Tiruchirapalli District, 5.The Deputy Superintendent of Police, 1/5
Office of the Deputy Superintendent of Police, Manapparai Range, 6.The Inspector of Police, Manapparai Police Station, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent consider petitioner representation dated 16.08.2023. For Petitioners : Mr.R.Rayeesa Fathima For Respondents : Mrs.V.Yamuna Devi Special Government Pleader
ORDER
With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.
2. The petitioner herein has given a representation to the 1st to 3rd respondents on 16.08.2023, seeking to dispose her revision petition and remove Black Mark against her. Since the said representation has not been considered till date, the present Writ Petition has been filed. 2/5
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, 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 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 1st to 3rd respondents herein, to consider the petitioner's representation dated 16.08.2023, on its own merits and pass appropriate orders in accordance with law, within a period of eight (08) 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. 3/5
No costs.
20.12.2023 Index:Yes/No Speaking order/Non-speaking order gd To 1.The Secretary to the Government of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600 009.
2.The Director General of Police, Head Police Force, Chennai - 600 004.
3.The Deputy Inspector General of Police, Office of the Deputy Inspector General of Police, Tiruchirapalli Range, Trichy.
4.The Superintendent of Police, Tiruchirapalli District, 5.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Manapparai Range, 6.The Inspector of Police, Manapparai Police Station, Trichirapalli.
4/5
M.S.RAMESH,J.
gd W.P.Nos.34704 of 2023 20.12.2023 5/5