Amutharani.T v. The Joint Secretary And Treasurer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH T.Amutharani
...Petitioner
Vs.
1.The Joint Secretary & Treasurer Chief Minister's Public Relief Fund Finance (CMPRF) Department, Secretariat, Chennai - 600 009.
2.The District Collector, Ramanathapuram District, Ramanathapuram.
3.The Director General of Police, Chennai - 600 004.
4.The Deputy Inspector General of Police, Ramanathapuram Range, Ramanathapuram.
5.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.
... Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representations, dated 20.08.2020 and 05.02.2021 and provide Chief Minister's Public Relief fund within time frame fixed by this Court.
For Petitioner : Mr.M.Boopathi Pandiyan For Respondents : Mrs.VPM.Vaishnavi 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, seeking Chief Minister's Public Relief fund, was not considered, the Writ Petition has been filed. According to the petitioner, she has made a 1/3
representations in this regard on 20.08.2020 & 05.02.2021, 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, 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 first respondent herein to consider the petitioner's representations dated 20.08.2020 & 05.02.2021, 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 20.08.2020 & 05.02.2021, on its own merits and pass appropriate orders in accordance with law, as expeditiously as possible.
6. With the above direction, this Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar(CS-III) // 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 Joint Secretary & Treasurer Chief Minister's Public Relief Fund Finance (CMPRF) Department, Secretariat, Chennai - 600 009.
2.The District Collector, Ramanathapuram District, Ramanathapuram.
3.The Director General of Police, Chennai - 600 004.
4.The Deputy Inspector General of Police, Ramanathapuram Range, Ramanathapuram.
5.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.
+1 CC to M/s.SPL GP ( SR-12023[F] dated 17/03/2021 ) 16.03.2021 PM(CO) TR(19.04.2021) 3P 7C 3/3