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Madras High CourtWP(MD)/2363/2020disposed of

G.Thiruppathi v. The Asst Director Of Survey And Land Records

2020-02-07Honourable Mr Justice M.S. Ramesh2 pages

W.P.(MD) No.2363 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:07.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.2363 of 2020 G.Thiruppathi ... Petitioner /Vs./ The Assistant Director of Survey and Land Records, District Survey Office, Dindigul.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondent to pay all the monetary benefits payable to the petitioner based on the proceedings of the respondent in Na.Ka.No.A3/6525/2012 dated 11.09.2017 by considering the representation dated 08.03.2018 and 08.06.2018 within a time frame.

For Petitioner : Mr.D.Venkatesh For Respondent : Mr.M.Jeyakumar 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. Though the petitioner has sought for issuance of writ of mandamus to direct the respondent to pay all the monetary benefits payable to the petitioner based on the proceedings of the respondent in Na.Ka.No.A3/6525/2012 dated 11.09.2017, in my view, such a decision is to be taken by the respondent and in case, the petitioner is aggrieved against such any decision, it would be appropriate to approach this Court.

3. The petitioner would submit that he has already made representation on 08.06.2018 in this regard, which is said to be pending. If the said representation is directed to be disposed of within stipulated time, the ends of justice could be secured.

4. Whenever a representation is made to a statutory authority to redress the claim of the employee, 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. Such an inaction would amount to https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.2363 of 2020 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 respondent herein to consider the petitioner's representation, dated 08.06.2018, on its own merits and pass appropriate orders within a period of six (6) 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 his representation and it is for the respondent to consider it in accordance with law.

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

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

The Assistant Director of Survey and Land Records, District Survey Office, Dindigul.

+1 CC to M/s.SPL GP ( SR-5390[F] dated 10/02/2020 ) +1 CC to M/s.D.VENKATESH, Advocate ( SR-5524[F] dated 11/02/2020 ) Order made in W.P.(MD)No.2363 of 2020 Dated:07.02.2020 KMV(CO) TR(20.02.2020)2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2