M.Dhandapani, v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.12135 of 2018 M.Dhandapani ... Petitioner -Vs1.The Secretary to Government, Municipal Administration and Water Supply Department, Fort St.George, Chennai-600 009.
2.The Special Commissioner, Town and Country Planning Department, No.807, Anna Salai, Chennai.
3.The Commissioner, Dindigul Panchayat Union, Dindigul.
4.LKM.Kamaraj ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents No.1 and 2 to consider the petitioner's representation dated 02.04.2018.
For Petitioner : Mr.Mayilvahana Rajendran, For Mr.V.Malaiyendran For R1 and R2 : Mr.V.Anand, Government Advocate.
For R3 : Mr.M.Pandiarajan, Additional Government Pleader.
ORDER
Heard Mr.Mayilvahana Rajendran, learned counsel appearing for the petitioner, Mr.V.Anand, learned Government Advocate, who takes notice on behalf of the respondents 1 and 2 and Mr.M.Pandiarajan, Additional Government Pleader, who takes notice on behalf of the third respondent. Since no adverse order is going to be passed against the fourth respondent, notice to the fourth respondent is dispensed with.
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 petitioner that his representation dated 02.04.2018 has not been considered by the respondents 1 to 3 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 third respondent to consider the petitioner's representation dated 02.04.2018 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 the fourth respondent. 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 Secretary to Government, Municipal Administration and Water Supply Department, Fort St.George, Chennai-600 009.
2.The Special Commissioner, Town and Country Planning Department, No.807, Anna Salai, Chennai.
3.The Commissioner, Dindigul Panchayat Union, Dindigul.
+1cc to M/S.V.Malaiyendran, Advocate SR.No. 67249 W.P.(MD)No.12135 of 2018 07.06.2018 https://hcservices.ecourts.gov.in/hcservices/ myr JM/SV MMS/SAR 2/19.06.2018/2P/5C