S.K.Stalin v. The Director Of Handlooms And Textiles

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI S.K.Stalin ... Petitioner Vs.

1. The Director of Handlooms & Textiles, Kuralagam, Chennai - 108.

2. The Secretary to Government, Handlooms, Handicrafts, Textiles and Khadi Department, Secretariat, Chennai.

3. The Managing Director, Tamilnadu Handloom Weaver's Co-Operative Society, Egmore Road, Chennai.

4. R.Vasu, General Manager (Exports and PR), Tamilnadu Handloom Weaver's Co-Operative Society, Chennai.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to initiate appropriate proceedings against the 4th respondent based on the petitioner's representation dated 11.11.2024 within a time frame that may be stipulated by this Court.

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For Petitioner : Mr.K.Sathish Kumar For Respondents : Mr.D.S.Neduncheliyan (R1 & R2) Government Advocate

ORDER

This writ petition has been filed seeking for a direction to the respondents 1 to 3 to initiate appropriate proceedings against the 4th respondent based on the petitioner's representation dated 11.11.2024 within a time frame that may be stipulated by this Court.

2. Considering the limited scope of the relief sought for in this writ petition, notice to the third and fourth respondents is dispensed with. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. Heard the learned counsel on both sides and carefully perused the entire materials available on record.

4. The petitioner has made a representation dated 11.11.2024 to the respondents 1 to 3, to initiate appropriate action against the fourth respondent 2/6

for involving in malpractices by using his official power and using acrylic thread instead of handloom and mixing the same with cotton handloom materials. Since the same has not been considered, this writ petition has been filed.

5. 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 the respondent 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 made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India.

6. In view of the same, this Court hereby direct the respondents 1 to 3 to consider the petitioner's representation dated 11.11.2024, after issuing notice to the petitioner and the fourth respondent and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner and the fourth respondent, within a period of six weeks from the date of receipt of copy of this order.

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7. With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs.

07.01.2025 NCC : Yes / No Index : Yes / No 4/6

TO:-

1. The Director of Handlooms & Textiles, Kuralagam, Chennai - 108.

2. The Secretary to Government, Handlooms, Handicrafts, Textiles and Khadi Department, Secretariat, Chennai.

3. The Managing Director, Tamilnadu Handloom Weaver's Co-Operative Society, Egmore Road, Chennai.

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L.VICTORIA GOWRI, J.

Sm Order made in Dated 07.01.2025 6/6