Sankaralingam Paulraj v. The District Collector
W.P.(MD)No.6991 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.6991 of 2021 Sankaralingam Paulraj
...Petitioner
/vs./ 1.The District Collector, Virudhunagar District, Virudhunagar.
2.The Revenue Divisional Officer, Aruppukkottai, Virudhunagar District.
3.The Thasildar, Virudhunagar Taluk, Virudhunagar District.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to release the petitioner's earned and unearned leave salaries, special provident fund and other entitled monetary benefits etc., entitled by the petitioner, based on the representation dated 06.03.2021. For Petitioner :Mr.N.Anandakumar For Respondents :Mr.A.Muthukaruppan Additional Government Pleader
ORDER
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 to release his earned and unearned leave salaries, special provident fund and other entitled monetary benefits etc., entitled by him was not considered, the Writ Petition has been filed. According to the petitioner, he has made a representation in this regard on 06.03.2021, 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD)No.6991 of 2021 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 representation dated 06.03.2021, 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 representation dated 06.03.2021, 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 (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS) Cp To 1.The District Collector, Virudhunagar District, Virudhunagar.
2.The Revenue Divisional Officer, Aruppukkottai, Virudhunagar District.
3.The Thasildar, Virudhunagar Taluk, Virudhunagar District.
+1 CC to M/s.SPL GP ( SR-14842[F] dated 31/03/2021 ) Order made in W.P.(MD)No.6991 of 2021 Dated:
30.03.2021 RK (20.04.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2