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Madras High CourtWP(MD)/972/2020disposed of

K. Chellasamy v. The Inspector General Of Registration

2020-01-21Honourable Mr Justice M.S. Ramesh2 pages

W.P.(MD)No.972 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.972 of 2020 K.Chellasamy ... Petitioner /vs./ 1.The Inspector General of Registration, Registration Department, No.100, Santhome Highways, Chennai 600 028.

2.The District Registrar, Tirunelveli District, Tirunelveli.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the first respondent to consider and dispose the petitioner's representation dated 21.10.2019 within the stipulated period. For Petitioner : Mr.M.Jothibasu For Respondents : Mr.M.Murugan Government Advocate

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

2. The limited prayer sought for by the petitioner is that to consider and dispose the petitioner's representation dated 21.10.2019 seeking to grant an exemption from passing the third class language test and permit him to work in the native district.

3. Whenever a representation is made to a statutory authority to redress the claim of the employee, there is a duty cast upon the respondent to consider the same on its own merit and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. Such an inaction would amount to dereliction of duties and thereby this Court would be justified in invoking its extraordinary powers under Article 226 of Constitution of India and https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.972 of 2020 thereby direct such authority to consider the representation within the stipulated time.

4. In view of the above observations, there shall be a direction to the first respondent herein to consider the petitioner's representation dated 21.10.2019 on its own merits and pass appropriate orders within a period of eight (8) 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 view with regard to the claim made by the petitioner in his representation and it is for the first respondent to consider it in accordance with law.

5. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) To 1.The Inspector General of Registration, Registration Department, No.100, Santhome Highways, Chennai 600 028.

2.The District Registrar, Tirunelveli District, Tirunelveli.

+1 CC to M/s.G.M.LAW ASSOCIATES, Advocate ( SR-2271[F] dated 22/01/2020 ) +1 CC to M/s.Special Govt.Pleader ( SR-2342[F] dated 22/01/2020 ) Order made in W.P.(MD) No.972 of 2020 21.01.2020 rmk SDS(04.02.2020) 2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/2