Chandran, S/O.Nalli, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.8782 of 2018 Chandran ... Petitioner vs.

1. The District Collector, Karur, Karur District.

2. The Deputy Registrar (Milk Welfare), Thanthondrimalai,

3. The President, Kuppureddiyapatti (TDR 937) Milk Producers Co-operative Societies, Maruthur Village, Kulithalai Taluk, Karur District.

4. The Enquiry Officer/The Senior Inspector (Milk), Office of the Deputy Registrar (Milk Welfare), ... 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 pass appropriate orders based on the enquiry conducted by the 4th respondent through his proceedings dated 02.01.2018 within the time stipulated by this Court. For Petitioner : Mr.J.Anandkumar For Respondents : Mr.V.Anand Government Advocate

O R D E R

Mr.V.Anand, learned Government Advocate, takes notice for the first respondent. Notice to the respondents 2 to 4 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. 3.

It is the grievance of the petitioner that his representation seeking to pass appropriate order based on the enquiry conducted by the fourth respondent vide proceedings dated 02.01.2018, has not been considered by the respondents till date and therefore, he has filed the present writ petition.

4. This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. 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 petitioner's representation 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 petitioner's representation on its own merits and take further action in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioner as well as to the persons who may be interested in the subject property.

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

Sd/- Assistant Registrar(Crl side) /True Copy/ Sub Assistant Registrar To:

1. The District Collector, Karur, Karur District.

2. The Deputy Registrar (Milk Welfare), Thanthondrimalai,

3. The President, Kuppureddiyapatti (TDR 937) Milk Producers Co-operative Societies, Maruthur Village, Kulithalai Taluk, Karur District.

4. The Enquiry Officer/The Senior Inspector (Milk), Office of the Deputy Registrar (Milk Welfare), + 1 cc TO Mr.J.Anand Kumar , Advocate in SR No. 62599 aav AE/SV MMS/SAR1/14.05.2018/3P/6C W.P.(MD) No.8782 of 2018 20.04.2018