C.Uthirasamy v. The Secretary To Government Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH C.Uthirasamy ... Petitioner -vs1.The Secretary to Government of Tamil Nadu, Environment, Climate Change and Forest Department, St. George Fort, Chennai.
2.The Principal Chief Conservator of Forest (Head of Department), Forest Head Quarters Buildings, Near Kannikapuram Check Post, Guindy - Velachery Main Road, Guindy, Chennai - 32.
3.The Principal Conservator of Forest, Tiruchirappalli Forest Division, Trichy.
4.The District Collector, Thanjavur District, Thanjavur.
5.The District Forest Officer, Thanjavur Division, Thanjavur District.
6.The Range Officer, Pattukottai Forest Range, Pattukottai.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 2, 3 and 5 to pay Rs.40,51,000/- for the work did by the petitioner in teak plantation No.1983 Ottankadu and teak plantation No.1989 Pudhupattinam with an interest of 12% from 01.09.2019 to till date.
For Petitioner : Mr.K.P.Narayanakumar For Respondents : Mr.C.Venkatesh Kumar Special Government Pleader
ORDER
This Writ Petition has been filed seeking a direction to the respondents 2, 3 and 5 to pay Rs.40,51,000/- for the work done by the petitioner in teak plantation No.1983 (Ottankadu) and teak plantation No.1989 (Pudhupattinam) along with interest at the rate of 12% from 01.09.2019 till the date of payment.
2. With the consent of both sides, this Writ Petition is taken up for final disposal, at the admission stage itself.
3. Seeking disbursement of the amount for the work done by him in teak plantation No.1983 (Ottankadu) and teak plantation No.1989 (Pudhupattinam), the petitioner submitted a representation dated 03.01.2023 to the second respondent. Based on the said representation, the second respondent sent a letter on 09.01.2023 to the respondents 3 and 5, requesting them to take appropriate action. On 19.01.2023, the fifth respondent sent a letter to the petitioner stating that the third respondent had requested the second respondent to disburse the eligible amount to the petitioner for the work done by him. Thereafter, no progress was made. Hence, the petitioner submitted a representation dated 24.02.2023 to the first respondent, who, in turn, forwarded it to the second respondent on 24.03.2023. However, no action has been taken so far. Hence, the present writ petition.
4. Heard both sides.
5. 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 him 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 and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.
6. In the light of the above observations, there shall be a direction to the second respondent herein to consider the petitioner's representation dated 24.02.2023, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, within a period of two months from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the second respondent to consider the same on its own merits.
7. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.
NCC : Yes / No 02.04.2025 Index : Yes / No smn2
To:- 1.The Secretary to Government of Tamil Nadu, Environment, Climate Change and Forest Department, St. George Fort, Chennai.
2.The Principal Chief Conservator of Forest (Head of Department), Forest Head Quarters Buildings, Near Kannikapuram Check Post, Guindy - Velachery Main Road, Guindy, Chennai - 32.
3.The Principal Conservator of Forest, Tiruchirappalli Forest Division, Trichy.
4.The District Collector, Thanjavur District, Thanjavur.
5.The District Forest Officer, Thanjavur Division, Thanjavur District.
6.The Range Officer, Pattukottai Forest Range, Pattukottai.
VIVEK KUMAR SINGH , J.
smn2 02.04.2025