Madras High CourtWP(MD)/2965/2020disposed of

C.Senthilkumar v. The Secretary

2020-02-14Honourable Mr Justice M.S. Ramesh2 pages

W.P.(MD) No.2965 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.2965 of 2020 C.Senthilkumar ... Petitioner /vs./ 1.The Secretary, Government of Tamilnadu, School Education Department, Fort St.George, Chennai 600 009.

2.The Director of School Education, DPI Campus, College Road, Chennai 600 006.

3.The Director of Elementary Education, School Education, DPI Campus, College Road, Chennai 600 006.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 31.01.2020, within a period as stipulated by this Court.

For Petitioner : Mr.T.Kumar For Respondents : Mr.A.Thiyagarajan Government Advocate

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 the petitioner is that to consider the representation dated 31.01.2020. 3.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 merit 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.2965 of 2020 extraordinary powers under Article 226 of Constitution of India and thereby direct such authority to consider the representation within the stipulated time.

4.In view of the above observations, there shall be a direction to the respondents herein to consider the petitioner's representation dated 31.01.2020 on its own merits and pass appropriate orders within a period of eight 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 respondents to consider it in accordance with law.

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

Sd/- Assistant Registrar (AD-I) // True Copy // / /2020 Sub Assistant Registrar(CS ) mm To 1.The Secretary, Government of Tamilnadu, School Education Department, Fort St.George, Chennai 600 009.

2.The Director of School Education, DPI Campus, College Road, Chennai 600 006.

3.The Director of Elementary Education, School Education, DPI Campus, College Road, Chennai 600 006.

+1.CC. To Mr.T.Kumar, Advocate in SR No.6557 W.P.(MD) No.2965 of 2020 14.02.2020 (14/16) MK (02.03.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2