A.R.Dinakaran v. The District Collectior

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.8558 of 2018 1.A.R.Dinakaran 2.K.R.Jeyakumar ... Petitioners vs.

1. The District Collector, Collectorate, Sethupathi Nagar, Ramanathapuram-623 503

2. The Registrar of Societies, District Registrar Office, Near Court Vasal, Thirupathoor Road, Sivagangai.

3. V.R.Jayakrishnan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 and 2 to consider the petitioner's representation, dated 10.02.2018 and 19.02.2018 after issuing notice to the third respondent in accordance with law within a stipulated time. For Petitioners :

Mr.Usillaio.Sivakumar For Respondents :

Mr.J.Gunaseelan Muthiah Addl. Govt. Pleader for R1 Mr.Murugan, Government Advocate for R2

O R D E R

Mr.J.Gunaseelan Muthiah, learned Additional Government Pleader, takes notice for the first respondent and Mr.Murugan, learned Government Advocate, takes notice for the second respondent. Notice to the third respondent is dispensed with in view of nature of the order to be passed by this Court.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. https://hcservices.ecourts.gov.in/hcservices/

3. It is the grievance of the petitioners that their

representations dated 10.02.2018 and 19.02.2018 seeking to take action against the third respondent, has not been considered by the respondents 1 and 2 till date and therefore, they have filed the present writ petition.

4. This Court has not expressed any of its view with regard to the merits of the representations made by the petitioners. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioners' representations within a stipulated time.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the first respondent to consider the petitioners' representations dated 10.02.2018 and 19.02.2018 on its own merits and take further action in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioners as well as to the third respondent and any other person who may be interested in the subject matter.

6. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To:

1. The District Collector, Collectorate, Sethupathi Nagar, Ramanathapuram-623 503.

2. The Registrar of Societies, District Registrar Office, Near Court Vasal, Thirupathoor Road, Sivagangai.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 62524 KRK TE/RSK/SAR-4 : 10/05/2018 : 2P/4C W.P.(MD) No.8558 of 2018 19.04.2018 https://hcservices.ecourts.gov.in/hcservices/