P.Mohanraj v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 29.10.2018 Coram The Hon'ble Mr.Justice Satrughana Pujahari Writ Petition No.28352 of 2018 P.Mohanraj
...Petitioner
Vs.
1.The District Collector, Thiruppur District,Office of the District Collector, Thiruppur.
2.The Block Development Officer, Madathukulam Block, Thiruppur District.
3.Jothampatti Village Panchayat(Second grade), Madathukulam Taluk, Thiruppur District-642203.
Rep. by its President, Mr.N.Ramasamy.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing the first respondent to decide on the petitioner's representation dated 29.08.2018 submitted by the petitioner within the stipulated time as determined by this Court.
For Petitioner : Mr.S.Saravanan For Respondents : Mr.V.Kadhirvelu, Spl.G.P. for R1 Mr.S.Sureshkumar, GA for R2
ORDER
Heard, Mr.S.Saravanan, the learned counsel appearing for the petitioner and Mr.V.Kadhirvelu,, learned Special Government Pleader, who accepts notice on behalf of the first respondent and Mr.S.Sureshkumar, the learned Government Advocate appearing for the second respondent. With the consent of the learned counsel on either side, the Writ Petition is taken up for disposal.
2.The case of the petitioner is that he was working as
Panchayat Secretary under the third respondent and had gone on leave. But when he returned from leave, he was not allowed to join duty by the third respondent by stating that he resigned from service. Thereafter, the petitioner went on representing to the second respondent against such illegal action of the third respondent but the same evoked no response. Hence, lastly the petitioner has made a representation on 29.08.2018, to the first respondent but the same having not been considered, he has come to this Court by way of filing the present writ petition. 3.
The learned Special Government Pleader appearing for the first respondent would submit that if such representation of the petitioner is pending and no earlier decision in this regard has been taken and there is no legal impediment to consider the same, the same shall be considered and disposed of in accordance with law within a reasonable period. However, it is submitted that this Court may not put any fetter on considering the representation of the petitioner in any manner. 4.The learned Government Advocate appearing for the second respondent would submit that no such representation was pending with the second respondent and as such, the contention raised by the petitioner in this regard is devoid of merit.
5. Considering the facts and submissions made, this Court dispose of this writ petition at the stage of admission itself without seeking any reply affidavit with a direction to the first respondent to take an informed and considered decision on the representation of the petitioner dated 29.08.2018, if the same is pending and there is no legal impediment for such disposal, within a period of six weeks from the date of receipt of a copy of this order. However, it is made clear that this Court has expressed no opinion on merit of such representation of the petitioner in any manner. No costs.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To 1.The District Collector, Thiruppur District,Office of the District Collector, Thiruppur.
2.The Block Development Officer, Madathukulam Block, Thiruppur District.
3.The President, Jothampatti Village Panchayat(Second grade), Madathukulam Taluk, Thiruppur District-642203.
Rep. by its President, Mr.N.Ramasamy.
+1cc to Mr.S.Saravanan, Advocate, S.R.No.73978 Writ Petition No.28352 of 2018 SVN(CO) GSP(28/11/2018)