Padivasal v. The Principal Secretary To Govt Of Tamil Nadu

W.P.(MD) No.1724 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.1724 of 2021 and W.M.P.(MD).No.1468 of 2021 Padivasal

...Petitioner

Vs.

1.The Principal Secretary to Government of Tamil Nadu, Department of Co-operation, Food and Consumer Protection, Secretariat, Chennai.

2.The Joint Registrar, Department of Co-operation, Madakulam Main Road, Palanganatham, Madurai.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to appoint the petitioner in the post of packer on priority basis for which 101 posts have been called for by the 2nd respondent in the advertisement dated 29.06.2020.

For Petitioner : Mr.T.Kumar For Respondents : Mr.P.Mahendran 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 the petitioner in the post of packer on priority basis for which 101 posts have been called for by the 2nd respondent in the advertisement dated 29.06.2020, was not considered, the Writ Petition has been filed. According to the petitioner, he has made a representation in this regard on 05.01.2021, 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 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, nonconsideration 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.

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W.P.(MD) No.1724 of 2021

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 05.01.2021, within a stipulated time and thereby the ends of justice could be secured. It is made clear that this Court has not expressed any of its view 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.Accordingly, there shall be a direction to the second respondent to consider the petitioner's representation dated 05.01.2021, on its own merits and pass appropriate orders in accordance with law, within a period of four 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. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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 Principal Secretary to Government of Tamil Nadu, Department of Co-operation, Food and Consumer Protection, Secretariat, Chennai.

2.The Joint Registrar, Department of Co-operation, Madakulam Main Road, Palanganatham, Madurai.

+1 CC to M/s.SPL GP ( SR-3365[F] dated 04/02/2021 ) W.P.(MD) No.1724 of 2021 03.02.2021 TP(CO) KB(16.02.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2