Ganesan.S v. The District Registrar (Administration)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH S.Ganesan

...Petitioner

Vs.

1.The District Registrar (Administration), Tamil Nadu Government Registration Department, Tenkasi, Tenkasi District.

2.The Joint No.II Sub Registrar, Tamil Nadu Government Registration Department, Tenkasi, Tenkasi District.

3.The Sub Registrar, Kadayanallur, Tenkasi District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, direct the 1st respondent to consider the representation of the petitioner dt. 21.01.2021 to permit the petitioner to continue as office Assistant in the existing vacancy of the 2nd respondent office within a period that may be stipulated by this Hon'ble Court. For Petitioner : Mr.K.Ponnaiah for M/s.Ajmal Associates For Respondents : Mr.K.Sathiya Singh 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 request to the respondents to permit the petitioner to continue as office Assistant in the existing vacancy of the 2nd respondent office, was not considered, the Writ Petition has been filed. According to the petitioner, he has made a representation in this regard on 21.01.2021, which is still pending.

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 1/3

keeping the same pending indefinitely. As such, non-consideration 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.

4. In the light of the above observations, it would be appropriate to direct the first respondent herein to consider the petitioner's representation dated 21.01.2021, 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 first respondent to consider the petitioner's representation dated 21.01.2021, on its own merits and pass appropriate orders in accordance with law, within a period of two 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(T & P) // True Copy // / /2021 Sub Assistant Registrar(CS) TM NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Registrar (Administration), Tamil Nadu Government Registration Department, Tenkasi, Tenkasi District.

2.The Joint No.II Sub Registrar, Tamil Nadu Government Registration Department, Tenkasi, Tenkasi District.

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3.The Sub Registrar, Kadayanallur, Tenkasi District.

+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-8034[F] dated 02/03/2021 ) +1 CC to M/s.SPL GP ( SR-8460[F] dated 03/03/2021 ) 02.03.2021 nsm(CO) TR(03.03.2021) 3P 5C 3/3