V.Kumaresan v. The Additional Chief Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.12.2023

CORAM:

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

The Additional Chief Secretary/Commissioner, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to promote the petitioner as Law Officer by considering the representation submitted by the petitioner dated 24.08.2023 and to pass any other suitable orders on the facts and circumstances of the case. For Petitioner : Mr.P.Kannan Kumar For Respondent : Mr.S.Gopinath Standing Counsel

ORDER

With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself. 1/5

2. The petitioner herein has given a representation to the respondent on 24.08.2023, seeking to the respondent to promote the petitioner as Law Officer by considering the representation submitted by the petitioner. 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 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 respondent herein, to consider the petitioner's representation dated 24.08.2023, on its own merits and pass appropriate orders in accordance 2/5

with law, within a period of four (4) 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.

22.12.2023 Index:Yes/No Speaking order/Non-speaking order gd 3/5

To The Additional Chief Secretary/Commissioner, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.

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M.S.RAMESH,J.

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