Chinnakalai.A v. The District Collector

W.P.(MD) No.4696 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.4696 of 2021 A.Chinnakalai

...Petitioner

Vs.

The District Collector, Dindigul District, Dindigul.

... Respondent P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondent i.e., the District Collector, Dindigul to dispose of the petitioner's representation dated 18.09.2020 based on Collector's earlier Letters in R.C.29087/2019/F6 dated 09.09.2020 and No.18487/2020/B1 dated 15.09.2020 by making rectification in the Service Register regarding the petitioner's date of entry and payment of Special Provident Fund, within a specified time frame that may be fixed by this Court.

For Petitioner : Mr.S.Visvalingam For Respondents : Mr.P.Kannithevan 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 respondent to rectify the mistake in the Service Register regarding his date of entry and payment of Special Provident Fund was not considered, the Writ Petition has been filed. According to the petitioner, he has made a representation in this regard on 18.09.2020, 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 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 respondent herein to consider the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.4696 of 2021 petitioner's representation dated 18.09.2020, 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 respondent to consider the petitioner's representation dated 18.09.2020, 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 (CSIII) // True Copy // / /2021 Sub Assistant Registrar(CS) 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 The District Collector, Dindigul District, Dindigul.

+2 CC to M/s.S.VISVALINGAM, Advocate ( SR-9003[F] dated 05/03/2021 ) +1 CC to M/s.SPL GP ( SR-9508[F] dated 08/03/2021 ) W.P.(MD) No.4696 of 2021 05.03.2021 SSS(CO) KB(19.03.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2