C.Santhakumari v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.04.2024
CORAM
THE HONOURABLE MS JUSTICE R.N.MANJULA C.Santhakumari ... Petitioner in W.P.(MD)No.9174 of 2024 R.Sundara Kumarasen ... Petitioner in W.P.(MD)No.9175 of 2024 A.Harikumar ... Petitioner in W.P.(MD)No.9176 of 2024 S.Emmi Ammal ... Petitioner in W.P.(MD)No.9177 of 2024 Vs.
1.The State of Tamil Nadu, Represented by its Additional Chief Secretary to Government, Co-operative Food and Consumer Protection Department, Secretariat, Chennai.
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2.The Secretary, Y198- Vencode Primary Agriculture Co-operative Credit Society, Vencode Post, Kanyakumari District.
... Respondents COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to consider the representations dated 01.03.2024, 01.03.2024, 04.03.2024 and 05.03.2024, respectively, and to pay an amount of Rs.16,000/- for the lapse period of 16 months from 22.02.2021 to 21.05.2022 as per G.O.(MS).No.22 of Co-operative Food and Consumer Protection (CN1) Department, dated 22.02.2021 with interest.
In all Writ Petitions For Petitioners : Mr.G.Cenil For Respondents : Mr.K.S.Selvaganeshan, Additional Government Pleader 2/7
COMMON ORDER By consent of both the parties, these Writ Petitions are taken up for final disposal at the admission stage itself.
2. Heard Mr.G.Cenil, learned counsel appearing for the petitioners and Mr.K.S.Selvaganeshan, learned Additional Government Pleader appearing for the respondents.
3. The petitioners herein had given representations to the respondents on 01.03.2024, 01.03.2024, 04.03.2024 and 05.03.2024, respectively, seeking to pay an amount of Rs.16,000/- for the lapse period of 16 months from 22.02.2021 to 21.05.2022 as per G.O. (Ms).No.22, Co-operative Food and Consumer Protection (CN1) Department, dated 22.02.2021 with interest. Since the said representations were not considered, the writ petitions have been filed.
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4. 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 these petitions for seeking relief through issuance of Writ of Mandamus. As the petitioners have 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 with direction to consider the representation of the petitioners' within a specified time frame.
5. In the light of the above observations, these Writ Petitions are disposed of with a direction to the second respondent herein to consider the petitioners' representations 01.03.2024, 01.03.2024, 04.03.2024 and 05.03.2024, respectively, on its own 4/7
merits and pass appropriate orders in accordance with law, within a period of six (6) 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 petitioners and it is open to the second respondent to consider the same on its own merits. No costs. 15.04.2024 NCC :yes/no Index:yes/no Internet:yes/no RM 5/7
To 1.The State of Tamil Nadu, Represented by its Additional Chief Secretary to Government, Co-operative Food and Consumer Protection Department, Secretariat, Chennai.
2.The Secretary, Y198- Vencode Primary Agriculture Co-operative Credit Society, Vencode Post, Kanyakumari District.
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R.N.MANJULA, J.
RM 15.04.2024 7/7