Sakthivel.A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH A.Sakthivel

...Petitioner

Vs.

1.The District Collector, District Collector Office, Ramanathapuram District, Ramanathapuram.

2.The Deputy Director (Panchayat), Collector Office Campus, Ramanathapuram District, Ramanathapuram.

3.The Block Development Officer, 4.The President, ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to appoint the petitioner as Overhead Tank Operator / RO Water Plant Operator in the vacant place as per the resolution passed by the panchayat on petitioner's petition dated 16.03.2020. For Petitioner : Mr.S.Radhakrishnan For Respondent : Mr.P.Kannithevan, Nos.1 & 2,3 Additional Government Pleader For Respondent : Mr.M.Jeyakumar, No.4 Additional Government Pleader

O R D E R

The representation dated 16.03.2020 submitted by the petitioner seeking appointment as Overhead Tank Operator / RO Water Plant Operator, has not been considered by the respondents and therefore, the petitioner has filed the present writ petition.

2. 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 1/3

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.

3.In the light of the above observations, it would be appropriate to direct the respondents herein to consider the representation of the petitioner dated 16.03.2020 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.

4.Accordingly, there shall be a direction to the second respondent to consider the representation of the petitioner dated 16.03.2020 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.

5.With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Crl Side) // True Copy // / /2021 Sub Assistant Registrar(CS) dsk To 1.The District Collector, District Collector Office, Ramanathapuram District, Ramanathapuram.

2.The Deputy Director (Panchayat), Collector Office Campus, Ramanathapuram District, Ramanathapuram.

3.The Block Development Officer, 2/3

4.The President, +1 CC to M/s.SPL GP ( SR-12253[F] dated 18/03/2021 ) +1 CC to M/s.S.RADHAKRISHNAN, Advocate ( SR-12479[F] dated 19/03/2021 ) 17.03.2021 ma(CO) KK(31.03.2021) 3P 7C 3/3