N.Hariharasudhan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.04.2024

CORAM

THE HONOURABLE MS JUSTICE R.N.MANJULA N.Hariharasudhan ... Petitioner Vs.

1.The State of Tamil Nadu Rep by its Secretary Public Works Department Secretariat, Fort St.George Chennai.

2.The Additional Chief Secretary to Government Water Resource Department Secretariat, Fort St.George Chennai.

3.The Chief Engineer State Ground and Surface Water Resource Date Centre Tharamani Chennai-600 113 ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to include the qualification for the post of Assistant Geophysiscts offered by Manomaniam Sundaranar University to the post of Assistant Geophysiscts in the Adhoc rules 1/5

for the posts of Assistant Geologist,Assistant Geophysisct and Assistant Geochemist in the Ground Water Wing in Tamil Nadu Engineering Subordinate Service by considering the representation dated 12.01.2024. For Petitioner : Mr.V.Panneer Selvam For Respondents : Mr.S.Shanmugavel Additional Government Pleader

O R D E R

By consent of both the parties, this writ petition is taken up for final disposal.

2. The petitioner herein had given a representation to the respondents on 12.01.2024 to include the qualification for the post of Assistant Geophysiscts offered by Manomaniam Sundaranar University to the post of Assistant Geophysiscts in the Adhoc rules for the posts of Assistant Geologist,Assistant Geophysisct and Assistant Geochemist in the Ground Water Wing in Tamil Nadu Engineering Subordinate Service. Since the said representation was not considered, the present writ petition has been filed. 2/5

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. The failure on the part of the authority had prompted the petitioner to file this petition for seeking relief through issuance of Writ of Mandamus. As the petitioner has made out a case for invoking the extraordinary powers of this Court under Article 226 of the Constitution of India, the respondents are required to be given a direction to consider the representation of the petitioner within a specified time frame.

4. In the light of the above observations, there shall be a direction to the 2nd respondent herein to consider the petitioner's representation dated 12.01.2024 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. It is made clear that this Court has not gone into the merits of the claim of the petitioner and it is open to the concerned respondent to consider the same on its own merits.

3/5

5. With the above direction, the Writ Petition stands disposed of. No costs.

10.04.2024 NCC:yes/no Index:yes/no Internet:yes/no kpr To 1.The Secretary, The State of Tamil Nadu Public Works Department Secretariat, Fort St.George Chennai.

2.The Additional Chief Secretary to Government Water Resource Department Secretariat, Fort St.George Chennai.

3.The Chief Engineer State Ground and Surface Water Resource Date Centre Tharamani Chennai-600 113 4/5

R.N.MANJULA, J.

kpr 10.04.2024 5/5