Viswanathan.K v. The Chairman And Managing Director

W.P.(MD) No.5678 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.5678 of 2021 K.Viswanathan

...Petitioner

Vs.

1.The Chairman and Managing Director, Tamil Nadu Sugar-Corporation Ltd., Nandanam, Chennai-600 035.

2.The Chief Executive, Aringar Anna Sugar Mills, Kurunkulam, Thanjavur 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 representation of the petitioner dated 21.12.2020 seeking employment on compassionate ground for his son V.Lakshmi Kandhan, after discharging him from service for medical invalidation.

For Petitioner : Mr.S.Arunachalam For R-1 : Mr.P.Mahendran, 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. Since no adverse order is going to be passed against the second respondent, notice to them is dispensed with.

2.Since the petitioner's request to the respondents to provide employment on compassionate ground for his son V.Lakshmi Kandan, after discharging him from service for medical invalidation was not considered, the Writ Petition has been filed. According to the petitioner, he has made a representation in this regard on 21.12.2020, 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 hencethis 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.5678 of 2021 stipulated time.

4. In the light of the above observations, it would be appropriate to direct the second respondent herein to consider the petitioner's representation dated 21.12.2020, 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 second respondent to consider the petitioner's representation dated 21.12.2020, 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 1.The Chairman and Managing Director, Tamil Nadu Sugar-Corporation Ltd., Nandanam, Chennai-600 035.

2.The Chief Executive, Aringar Anna Sugar Mills, Kurunkulam, Thanjavur District.

W.P.(MD) No.5678 of 2021 15.03.2021 NA(CO) KB(07.04.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2