Ameer Hamza v. The Assistant Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.14361 of 2018 Ameer Hamza ... Petitioner Vs.

1. The Assistant Director (Panchayat) Madurai, Madurai District

2. The Block Development Officer (Village Panchayath) Madurai East Taluk Madurai District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the second respondent to implement the order of the first respondent in Na.Ka.No.1269/2018/A4, dated 23.05.2018.

For Petitioner :

Mr.G.V.Vairam Santhosh For Respondents :

Mr.J.Gunaseelan Muthiah Additional Government Pleader for R1 Mr.K.Saravanan Government Advocate for R2

O R D E R

Mr.J.Gunaseelan Muthiah, learned Additional Government Pleader, takes notice for the first respondent and Mr.K.Saravanan, learned Government Advocate takes notice for the second respondent.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. It is the grievance of the petitioner that his representation dated 26.04.2018 seeking for name transfer in respect of water connection, has not been considered by the respondents till date and therefore, he has filed the present writ petition.

4. It is seen that pursuant to the petitioner's representation for name transfer in respect of water connection, the first respondent has also made a recommendation to the second respondent through his letter, dated 23.05.2018.

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5. 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.

6. In view of the limited prayer sought for in this writ petition, there shall be a direction to the second respondent to consider the petitioner's representation dated 26.04.2018 in the light of the first respondent's recommendation, dated 23.05.2018, within a period of three weeks from the date of receipt of a copy of this order.

7. With the above directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To

1. The Assistant Director (Panchayat), Madurai, Madurai District.

2. The Block Development Officer, (Village Panchayath), Madurai East Taluk, Madurai District.

+1CC to Mr.G.V.Vairam Santhosh, Advocate, SR.No.71331 +1CC to the Special Government Pleader SR.No. 71610 W.P.(MD) No.14361 of 2018 05.07.2018 KRK ES/PN/SAR 4/13.07.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/