Madras High CourtWP(MD)/3052/2020disposed of

I. Santhanasamy v. The District Adi Dravidar Welfare Officer

2020-02-17Honourable Mr Justice M.S. Ramesh2 pages

W.P.(MD) No.3052 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.3052 of 2020 I.Santhanasamy ... Petitioner /vs./ 1.The District Adi Dravidar Welfare Officer, Trichy, Trichy District.

2.The Head Master, Government Adi Dravidar High School, Palaya Palayam, Marunagapuri Taluk, Trichy District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, to direct first respondent to consider the petitioner's representation dated 20.01.2020 within the time frame fixed by this Court.

For Petitioner : Mr.C.Prithviraj For Respondents : Mr.A.Thiagarajan 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 20.01.2020 seeking to disburse the recovered amount.

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 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.

4. In view of the above observations, there shall be a direction to the first respondent herein to consider the petitioner's representation, dated 20.01.2020, 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.3052 of 2020 claim made by the petitioner in his 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 (AD II) // True Copy // / /2020 Sub Assistant Registrar(CS) cp To:

1.The District Adi Dravidar Welfare Officer, Trichy, Trichy District.

2.The Head Master, Government Adi Dravidar High School, Palaya Palayam, Marunagapuri Taluk, Trichy District.

+1 CC to M/s.C.PRITHVIRAJ, Advocate ( SR-6940[F] dated 18/02/2020 ) +1 CC to M/s.SPL.GP ( SR-7042[F] dated 19/02/2020 ) Order made in W.P.(MD)No.3052 of 2020 17.02.2020 KK/02.03.2020/2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/2