Aalvin v. The Commissioner

W.P.(MD) No.2799 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.2799 of 2021 Aalvin

...Petitioner

Vs.

The Commissioner, Thoothukudi Municipal Corporation, Thoothukudi, Thoothukudi District.

... Respondent P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent consider the petitioner' s representation dated 20.12.2019 within a time stipulated by this Court. For Petitioner : Mr.S.Muthumalai Raja

O R D E R

The petitioner has given a representation dated 20.12.2019 to the respondent seeking revocation of his dismissal from service and reappointment as Pump Operator. However, the same is pending before the respondent without there being any order passed and therefore, the petitioner has filed the present writ petition.

2. 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, 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.

3.In the light of the above observations, it would be appropriate to direct the respondent herein to consider the petitioner's representation dated 20.12.2019 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.

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W.P.(MD) No.2799 of 2021 4.Accordingly, there shall be a direction to the respondent to consider the petitioner's representation dated 20.12.2019 in on its own merits and pass appropriate orders in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) dsk To The Commissioner, Thoothukudi Municipal Corporation, Thoothukudi, Thoothukudi District.

W.P.(MD) No.2799 of 2021 15.02.2021 KM (01.03.2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2