Chandrasekar.V.S v. The Commissioner Of Revenue Administration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH V.S.Chandrasekar

...Petitioner

Vs.

1.The Commissioner of Revenue Administration, Office of the Commissioner of Revenue Administration, Chepauk, Chennai - 600 005.

2.The District Collector, Collectorate Building, Pudukottai District.

3.The District Revenue Officer, O/o. The District Revenue Officer, Pudukottai District.

.. Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 3rd respondent herein to declare the petitioners probation w.e.f 22.12.2015 the date of completion of probation and consequently, include petitioner name accordingly in the Deputy Thasildar Panel List as per Tamil Nadu State and Subordinate Service Rules and as per his representation dated 12.03.2020 and 02.11.2020 given to the 3rd respondent, within a reasonable time as my be fixed by this Court. For Petitioner : Mr.A.C.Asaithambi For Respondents : Mr.A.Muthu Karuppan 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 declare the petitioner's probation w.e.f 22.12.2015 the date of completion of probation and consequently, include petitioner name accordingly in the Deputy Thasildar Panel List as per Tamil Nadu State and Subordinate Service Rules, was not considered, the Writ Petition has been filed.

According to the petitioner, he has made a representations in this regard on 12.03.2020 & 02.11.2020, which is still pending.

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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, 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 third respondent herein to consider the petitioner's representations, dated 12.03.2020 & 02.11.2020, 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 third respondent to consider the petitioner's representations, dated 12.03.2020 & 02.11.2020, on its own merits and pass appropriate orders in accordance with law, within a period of three months 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 (CS-II) // 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.

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To 1.The Commissioner of Revenue Administration, Office of the Commissioner of Revenue Administration, Chepauk, Chennai - 600 005.

2.The District Collector, Collectorate Building, Pudukottai District.

3.The District Revenue Officer, O/o. The District Revenue Officer, Pudukottai District.

02.03.2021 VB (19.03.2021) 3P 4C 3/3