Kaveri v. The Principal Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.11.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH Kaveri ... Petitioner Vs.
1.The Principal Secretary to Government, Government of Tamil Nadu Rural Development and Panchayat Raj Secretariat, Chennai 600 009.
2.The Commissioner Rural Development and Panchayat Raj Saidapet, Chennai 600 015.
3.The District Collector / Inspector of Panchayat Krishnagiri District, Krishnagiri.
4.The Project Director District Rural Development Krishnagiri District, Krishnagiri.
5.The Block Development Officer Uthangarai Block Uthangarai, Krishnagiri District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the fifth respondent to take action on the petitioner's representation dated 21.11.2022 on the basis of the recommendation of the 3rd respondent through his communication in 1/5
O.Mu.No.34932/2022/M2 dated 27.12.2022 within the time stipulated by this Court.
For Petitioner : Mr.A.Ilayaperumal For Respondents : Mr.M.Alagu Gowtham Government Advocate - for RR 1 to 3 Mr.M.Murali, Government Advocate - for RR 4 and 5
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 have given representation to the respondents on 21.11.2022, seeking for permanent status of his employment. 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 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 2/5
them to consider the same within a stipulated time.
4. In the light of the above observations, there shall be a direction to the second respondent herein, to consider the petitioner's representation dated 21.11.2022, on its own merits and pass appropriate orders in accordance with law, within a period of six (6) 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. Connected miscellaneous petition is closed. 08.11.2023 Index:Yes/No Speaking order/Non-speaking order KST To 1.The Principal Secretary to Government, Government of Tamil Nadu, Rural Development and Panchayat Raj Secretariat, Chennai 600 009.
2.The Commissioner, Rural Development and Panchayat Raj Saidapet, Chennai 600 015.
3.The District Collector / Inspector of Panchayat Krishnagiri District, Krishnagiri.
4.The Project Director, District Rural Development Krishnagiri District, Krishnagiri.
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5.The Block Development Officer , Uthangarai Block Uthangarai, Krishnagiri District.
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M.S.RAMESH,J.
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