Panneerselvam v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.15126 of 2018 Panneerselvam ... Petitioner vs.

1.The Joint Commissioner, HR & CE Department, Ammamandapam, Srirengam, Trichy.

2.The Assistant Commissioner, HR & CE Department, Pudukkottai, Pudukkottai District.

3.Chinnakannu ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing first respondent to dispose the petitioner's appeal dated 23.03.2018 against the order in Na.Ka.No.1720 of 2017/A2, dated 14.12.2017 of the second respondent after providing opportunity to the 3rd respondent within the time frame fixed by this Court.

For Petitioner : Mr.M.Suresh For RR1 and 2 : Mr.V.Anand Government Advocate

ORDER

Mr.V.Anand, learned Government Advocate, takes notice for the first and second respondents.

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

3. The grievance of the petitioner is that the petitioner has submitted a representation for disposing the petitioner's appeal dated 23.03.2018, has not been considered by the first respondent 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 https://hcservices.ecourts.gov.in/hcservices/

is made, the respondents are duty bound to dispose the same in one way or the other. Non-disposal 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 dispose 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 first respondent to dispose the petitioner's representation dated 15.06.2017 on its own merits, as expeditiously as possible. Such an exercise shall be done after giving notice to the third respondent as well as to any other persons who may be interested in the subject matter.

6. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar(CS-III) To:

1.The Joint Commissioner, HR & CE Department, Ammamandapam, Srirengam, Trichy.

2.The Assistant Commissioner, HR & CE Department, Pudukkottai, Pudukkottai District.

+1cc to Mr.M.Suresh, Advocate, SR.No.72710.

W.P.(MD) No.15126 of 2018 12.07.2018 SJI RAM/PN/SAR 3/25.07.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/