Asaithambi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:22.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Asaithambi ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Block Development Officer(BDO), Panchayat Union Office, Melur Panchayat Union, Melur, Madurai District.

3.The Chairman, Panchayat Union Office, Melur Panchayat Union, Melur, Madurai District.

4.Mrs.Vasuki, The President, Therkku Theru Village, Melur Taluk, Madurai District. ... Respondents 1/6

Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to consider the representation made by the petitioner, dated 24.12.2022 and dispose of the same on merits within the time fixed by this Court. For Petitioner : Mr.R.Panidurai For R-1 : Mr.G.V.Vairam Santhosh, Additional Government Pleader For R-2 & R-3 : Mr.N.Ramesh Arumugam, Government Advocate

O R D E R

This writ petition has been filed for a direction to the first respondent to consider the representation made by the petitioner, dated 24.12.2022 and dispose of the same on merits, within a specified period.

2. The case of the petitioner is that he entered in service as Over Head Tank Operator in the third respondent Panchayat Union. There is no proper service record maintained for his job and no salary was paid to him. Further, the fourth respondent, who is the President of the Panchayat, compelled the petitioner to do work without salary. Hence, 2/6

the petitioner made an application under the Right to Information Act, 2005, seeking details with regard to his salary allotted or paid till date. Based on the said application, the third respondent directed the second respondent to enquire into the matter. However, no reply was received. Finally, the petitioner made a representation before the first respondent on 24.12.2022 regarding the issue of non-payment of salary. The same was not considered so far. Hence, the petitioner has filed this writ petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the first respondent is directed to dispose of the representation of the petitioner, dated 24.12.2022, on merits and in accordance with law, within a specified period.

4. The learned Additional Government Pleader appearing for the first respondent, has no serious objection for such an order being passed by this Court.

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5. Heard the learned Government Advocate appearing for the respondents 2 and 3.

6. Since no adverse order is going to be passed, notice to the fourth respondent is dispensed with.

7. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the first respondent to consider the petitioner's representation, dated 24.12.2022 and pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

8. With the above direction, this Writ Petition is disposed of. No costs.

22.02.2023 PM NCC:Yes/No Index:Yes/No 4/6

To 1.The District Collector, Madurai District, Madurai.

2.The Block Development Officer(BDO), Panchayat Union Office, Melur Panchayat Union, Melur, Madurai District.

3.The Chairman, Panchayat Union Office, Melur Panchayat Union, Melur, Madurai District.

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M.DHANDAPANI,J.

pm 22.02.2023 6/6