Madras High CourtWP(MD)/15772/2018disposed of

S.Muthuraman v. The Principal District Judge

2018-07-19Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.15772 of 2018 S.Muthuraman ... Petitioner vs.

1. The Principal District Judge, cum Competent Authority, District Court Campus, Tirunelveli.

2. The Secretary to Government, Law Department, Fort S.T.George, Chennai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the first respondent to process petitioner's application dated 04.07.2017 and recommend to the concerned authorities for an interview based on the petitioner's representation dated 13.06.2018. For Petitioner : Ms.S.Ragaventhre For R-1 : Mr.Pala Ramasamy For R-2 : Mr.J.Gunaseelanmuthiah, Additional Government Pleader.

O R D E R

Mr.Pala Ramasamy, learned counsel takes notice for the first respondent. Mr.J.Gunaseelanmuthiah, learned Additional Government Pleader, takes notice for the second respondents.

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 application dated 04.07.2017, seeking to process his application and recommend to the concerned authorities for an interview, has not been considered by the respondents 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 https://hcservices.ecourts.gov.in/hcservices/

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 first respondent to consider the petitioner's application dated 04.07.2018 on its own merits and take further action in accordance with law, within a period of four 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 and any other persons who may be interested in the subject matter.

6. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(w) /True Copy/ Sub Assistant Registrar(CS-II) To:

1. The Principal District Judge, cum Competent Authority, District Court Campus, Tirunelveli.

2. The Secretary to Government, Law Department, Fort S.T.George, Chennai.

+1cc to Mr.Pala Ramasamy, Advocate Sr.No.74407 +1cc to Mr.K.Prabhu, Advocate Sr.No.74455 +1cc to Spl.Government Pleader Sr.No.74102 CP VB/KAK/SAR2/02.08.2018/2P/6C W.P.(MD) No.15772 of 2018 19.07.2018 https://hcservices.ecourts.gov.in/hcservices/