Manivannan.A v. The Prl. Chief Conservator Of Forest

W.P.(MD) No.2734 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.2734 of 2021 A.Manivannan

...Petitioner

Vs.

1.The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai - 600 015.

2.The Conservator of Forest, Virudhunagar Circle, Virudhungar.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to pass appropriate orders for giving promotion to the petitioner as Forest Range Officer from the post of Forestor by considering his representation dated 21.10.2020. For Petitioner : Mr.I.Suthakaran For Respondents : Mr.P.Kannithevan 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 representation dated 21.10.2020 seeking promotion to the post of Forest Range Officer, has not been considered by the respondents, the petitioner has filed the present writ petition.

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.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.2734 of 2021 4.In the light of the above observations, it would be appropriate to direct the 1st respondent herein to consider the petitioner's representation dated 21.10.2020 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 1st respondent to consider the petitioner's representation dated 21.10.2020 in on its own merits and pass appropriate orders in accordance with law, within a period of twelve 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.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) dsk To 1.The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai - 600 015.

2.The Conservator of Forest, Virudhunagar Circle, Virudhungar.

+1 CC to Mr.I.SUTHAKARAN, Advocate ( SR-5038[F] dated 15/02/2021 ) +1 CC to SPL GP ( SR-5385[F] dated 16/02/2021 ) W.P.(MD) No.2734 of 2021 15.02.2021 KM (01.03.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2