K.Thangarasu v. The Principal Secretary To Goverment
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.12.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH K.Thangarasu
...Petitioner
Vs
1. The Principal Secretary to Government Revenue Department Secretariat Chennai - 9
2. The Additional Chief Secretary Commissioner of Revenue Administration Chepauk Chennai - 5
3. The District Collector Namakkal District
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second and third respondents to dispose of the representation of the petitioner dated 22.10.2022.
For Petitioner : Mr.Vijayakumar Senior counsel for Mr.K.N.Pandian 1/5
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. Heard Mr.Vijayakumar, learned Senior counsel appearing on behalf of counsel on record for the petitioner and Mrs. V.Yamuna Devi, learned Special Government Pleader appearing for Respondents.
3. The petitioner herein was issued with two charge memos dated 19.05.2022 and 24.05.2022 under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules by the third respondent just two days prior to his date of retirement. The petitioner submits that though the charge memos were challenged before this Court in W.P.No.32188 of 2023 and this Court had granted stay of the proceedings pending disposal of the writ petition, provisional pension was not granted to the petitioner. Hence, the petitioner approached the respondents and sought 2/5
for provisional pension and has also submitted two representations to Respondents 2 and 3 on 22.08.2022 and 12.09.2022 respectively. Since the said representations were not considered by the respondents 2 and 3, the present writ petition has been filed.
4. 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 the Constitution of the India and direct them to consider the same within a stipulated time.
5. In the light of the above observations, there shall be a direction to Respondents 2 and 3 herein to consider the petitioner's representations dated 22.08.2022 and 12.09.2022, on their own merits and pass appropriate orders in accordance with law within a period of four 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 made by the petitioner and that it is open to the concerned 3/5
respondent to consider the same on its own merits.
6. With the above direction, the Writ Petition stands disposed of. No costs.
01.12.2023 Index:Yes/No Speaking order/Non-speaking order gpa To
1. The Principal Secretary to Government Revenue Department Secretariat Chennai - 9
2. The Additional Chief Secretary Commissioner of Revenue Administration Chepauk Chennai - 5
3. The District Collector Namakkal District 4/5
M.S.RAMESH,J.
gpa 01.12.2023 5/5