D.Iyyappan v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.11.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH 1.D. Iyyappan 2.D. Anjutha 3.A. Ganagavel Rajan 4.R. Karthick 5.C. Anusiya 6.K. Rakeskumar 7.K. Shanmuganathan 8.T. Arun 9.A. Syed Ali Rabiya Begum 10.M. Saravanan 11.S. Akalya 12.C. Ayyappan 13.M. Mageshwari 14.P. Saravanan 15.S. Vigenesh Raja 16.P. Chandrakumar 17.J. Stephen 18.M. Ebenezer 19.M. Balaji 20.A. Deepa 1/6
21.K. Vijaykumar 22.G.K. Natcheeyar 23.P. Sakthivel 24.N. Vengateshwaran 25.G. Suresh 26.A. Lillypriya 27.R. Gogulakrishnan 28.M. Sriram 29.R. Shabariraja 30.A. Backiyalakshmi 31.D. Suvetha 32.K. Vivek 33.K. Jeeva 34.G. Yogabal 35.Aswin Varghees Stalin 36.E. Mohanapriya 37.A. Jasmin Preetha 38.C. Sarath Chandran ... Petitioners Vs.
1.The Secretary to Government, Animal Husbandry, Dairying and Fishermen Welfare Department, Fort St. George, Chennai - 9.
2.The Director, Animal Husbandry and Veterinary Services, Veterinary Hospital Complex, Nandanam, Chennai - 35.
... Respondents 2/6
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to consider the petitioners' representation dated 04.09.2023 by considering the petitioners' were selected for the Live Stock Inspector Training Course GradeII as on 01.07.2021. For Petitioner : Mr.S. Gunasekarean 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 petitioners herein have given representation to the respondents on 04.09.2023, seeking to depute them for the Live Stock Inspector Training Course. Since the said representation has not been considered till date, the present Writ Petition has been filed.
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 3/6
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 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 respondents herein, to consider the petitioners' representation dated 04.09.2023, on their own merits and pass appropriate orders in accordance with law, within a period of three (3) months 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.
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To 1.The Secretary to Government, Animal Husbandry, Dairying and Fishermen Welfare Department, Fort St. George, Chennai - 9.
2.The Director, Animal Husbandry and Veterinary Services, Veterinary Hospital Complex, Nandanam, Chennai - 35.
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M.S.RAMESH,J.
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