Kalaiarasi v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH Tmt.Kalaiarasi

...Petitioner

Vs 1.The Secretary to Government, State of Tamil Nadu, Revenue Department, St.George Fort, Chennai-600 009.

2.The District Collector, O/o. District Collector, 3.The District Revenue Officer, Ramanathapuram.

4.The Thasildar, Paramakudi Taluk Office, Paramakudi Taluk, ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to appoint the petitioner on the basis of compassionate ground due to death of the petitioner's husband name Late.R.Marimuthu, S/o.Rakkan by the petitioner's representation dated 01.08.2018.

For Petitioner : Mr.R.Jegadeeswaran For Respondents : Mr.P.Kannithevan Additional Government Pleader

O R D E R

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.Since the petitioner's request to the respondents to appoint him on the basis of compassionate ground due to death of the her husband namely Late.R.Marimuthu was not considered, the Writ Petition has been filed. According to the petitioner, she has made a representation in this regard on 01.08.2018, which is still pending.

3. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a 1/3

duty cast upon the respondents 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, it would be appropriate to direct the second respondent herein to consider the petitioner's representation dated 01.08.2018, within a stipulated time and thereby the ends of justice could be secured. 5.Accordingly, there shall be a direction to the second respondent to consider the petitioner's representation dated 01.08.2018, on its own merits and pass appropriate orders in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) cp NOTE:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Secretary to Government, State of Tamil Nadu, Revenue Department, St.George Fort, Chennai-600 009.

2.The District Collector, O/o. District Collector, 2/3

3.The District Revenue Officer, Ramanathapuram.

4.The Thasildar, Paramakudi Taluk Office, Paramakudi Taluk, 21.01.2021 ARK(CO) KB(01.02.2021) 3P 5C 3/3