Logesh Kannan.R v. The Regional Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH R.Logesh Kannan

...Petitioner

Vs.

1.The Regional Manager, Central Bank of India, Chennai.

2.The Deputy Regional Manager, Central Bank of India, Chennai.

3.The Branch Manager, Central Bank of India, Paranji Branch, Valur District.

... Respondents P RAYER:

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 13.02.20219 sent on and further 14.02.2019 to direct the first and second respondents to pass orders to the third respondent to settle the petitioner's brother Late.Sathish Kannan's all death benefits and emoluments to the petitioner within a time frame limit by perusing all the documents submitted on the petitioner. For Petitioner : Mr.R.Babu Jaganath For Respondents : Mr.R.Pandivel Government Advocate

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 settle all death benefits of his brother Late.Sathish Kannan and emoluments to him was not considered, the Writ Petition has been filed.

According to the petitioner, he has made the 1/3

representations in this regard on 13.02.2019 and 30.01.2021, which are 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 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.

4. In the light of the above observations, it would be appropriate to direct the first respondent herein to consider the petitioner's representations dated 13.02.2019 and 30.01.2021, 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 representations dated 13.02.2019 and 30.01.2021, 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) cp 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 The Regional Manager, Central Bank of India, Chennai.

03.03.2021 KM (22.03.2021) 3P 2C 3/3