Madras High CourtWP(MD)/2301/2020disposed of

M.Vellaichamy v. The District Collector

2020-02-06Honourable Mr Justice M.S. Ramesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH M.Vellaichamy ... Petitioner /vs./ 1.The District Collector, Sivagangai District, Sivagangai-630 562.

2.The Revenue Divisional Officer, Devakottai Revenue Division, 3.The Tahsildar, Devakottai Taluk Office, 4.The Tahsildar, Karaikudi Taluk Office, Karaikudi, Sivagangai-DT, PIN-630 003.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, to direct the third respondent to dispose his pension petition dated 25.07.2019 in view of G.O(Standing) No.158, Revenue (Service-8(2)) Department, dated 08.04.2015 of the Government of Tamilnadu, within a stipulated time fixed by this Court.

For Petitioner : Mr.B.Ravindran For Respondents : Mr.C.M.Marichellaiah Prabhu, Additional Government Pleader

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 to dispose of the representation dated 25.07.2019 seeking for arrears and minimum pension.

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4. 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 dispose the same on its own merits 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 thereby direct such authority to consider the representation within the stipulated time.

5. In view of the above observations, there shall be a direction to the first respondent herein to dispose the petitioner's representation, dated 25.07.2019, on its own merits and pass appropriate orders within a period of four (4) 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 her representation and it is for the first respondent to consider it in accordance with law.

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

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) cp To:

1.The District Collector, Sivagangai District, Sivagangai-630 562.

2.The Revenue Divisional Officer, Devakottai Revenue Division, 2/3

3.The Tahsildar, Devakottai Taluk Office, 4.The Tahsildar, Karaikudi Taluk Office, Karaikudi, Sivagangai-DT, PIN-630 003.

+1 CC to MR.B.RAVIDRAN, Advocate ( SR-4971[F] dated 06/02/2020 ) +1 CC to SPL GP ( SR-5208[F] dated 07/02/2020 ) Order made in W.P.(MD)No.2301 of 2020 06.02.2020 KM/(20.02.2020) 3P 7C 3/3