V.M.Venkudusamy v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH V.M.Venkudusamy ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Secretary to Government, Municipal Administration & Water Supply Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The Director of Municipal Administration, Ezhilagam, Chepauk, Chennai-600 005.

3.The Commissioner, Erode Corporation, Erode.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2nd respondent to promote the Petitioner to the post of Technical Assistant from the post of Skilled Assistant Grade-II in Erode Corporation based upon Petitioner representation dated 20.06.2022, 29.08.2023 and 05.09.2023 within the reasonable time may be fixed by this Court.

For Petitioner : Mr.P.Rajavel 1/4

For Respondents : Mrs.V.Yamuna Devi (R1 & R2) Special Government Pleader Mr.M.Rajamathivanan (R3) Standing Counsel

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 respondents on 20.06.2022, 29.08.2023 and 05.09.2023, seeking to promote the Petitioner to the post of Technical Assistant from the post of Skilled Assistant Grade-II in Erode Corporation. 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, non-consideration of the representation by the Statutory Authority would 2/4

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 petitioner's representation dated 20.06.2022, 29.08.2023 and 05.09.2023, on its 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.

20.12.2023 Index:Yes/No Speaking order/Non-speaking order gd 3/4

M.S.RAMESH,J.

gd To 1.The State of Tamil Nadu, Rep. by its Secretary to Government, Municipal Administration & Water Supply Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The Director of Municipal Administration, Ezhilagam, Chepauk, Chennai-600 005.

3.The Commissioner, Erode Corporation, Erode.

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