Muthukannan.P v. The Assistant Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH P.Muthukannan
...Petitioner
Vs.
1.The Assistant Director, Office of the District Land & Survey, Madurai.
2.The Zonal Deputy Director, Land Survey Registration, Madurai.
3.The Additional Director, Land Survey Registration, Chennai.
4.The Special Commissioner and Director, Land Survey and Tax Collection Scheme & Tax Scheme, Chennai-5.
5.The Thasildar, Peraiyur Taluk Office, Peraiur, Madurai District.
... Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to settle the Earned Leave for 240 days amount of Rs.1,53,504/- and unearned leave 90 days amount of Rs.57,564/- to the petitioner forthwith and also to pay interest for the said amount. For Petitioner : Mr.N.Pandi Vel Rajan For Respondents : Mr.S.Dhayalan Government Advocate
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 settle the Earned Leave for 240 days which comes to a sum of Rs.1,53,504/- and unearned leave 90 days which comes to a sum of Rs.57,564/- to him were not considered, the Writ Petition has been filed. According to the petitioner, he has made a representation in this regard on 22.01.2021, 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, 1/3
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.
4. In the light of the above observations, it would be appropriate to direct the first respondent herein to consider the petitioner's representation dated 22.01.2021, 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 first respondent to consider the petitioner's representation dated 22.01.2021, on its own merits and pass appropriate orders in accordance with law, within a period of three months 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 (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) 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 Assistant Director, Office of the District Land & Survey, Madurai.
2.The Zonal Deputy Director, Land Survey Registration, Madurai.
3.The Additional Director, Land Survey Registration, Chennai.
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4.The Special Commissioner and Director, Land Survey and Tax Collection Scheme & Tax Scheme, Chennai-5.
5.The Thasildar, Peraiyur Taluk Office, Peraiur, Madurai District.
+1 CC to M/s.GP ( SR-3978[F] dated 09/02/2021 ) +1 CC to M/s.N.PANDI VEL RAJAN, Advocate ( SR-3720[F] dated 08/02/2021 ) 08.02.2021 NSM(CO) KB(19.02.2021) 3P 8C 3/3