T.Chinnama Naicker @ v. The District Elementary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.16374 of 2018 T.Chinnnama Naicker @ Bangarusamy ... Petitioner vs.

1. The District Elementary Educational Officer Office of the District Elementary Educational Officer, Theni.

2. The Assistant Elementary Educational Officer Aundiapatty, Theni.

3. The Head Master Panchayat Union Elementary School Jambuliputhur ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondent herein to consider the request of the petitioner 20.09.2016 seeking extract of petitioner's date of admission and relieving of third respondent school during 1950 to 1957.

For Petitioner : Mr.K.Appadurai For Respondents : Mr.J.Gunaseelan Muthiah Additional Government Pleader

O R D E R

Mr.J.Gunaseelan Muthiah, learned Additional Government Pleader, takes notice for the 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 request dated 20.09.2016 seeking extract of his date of admission and relieving from the third respondent school during 1950-1957 has not been considered by the third 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 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 third respondent to consider the petitioner's request dated 20.09.2016 on its own merits and take further action in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

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

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

1. The District Elementary Educational Officer Office of the District Elementary Educational Officer, Theni.

2. The Assistant Elementary Educational Officer Aundiapatty, Theni.

3. The Head Master Panchayat Union Elementary School Jambuliputhur +1cc to Mr.K.Appadurai, Advocate SR.No.75254 +1cc to SPECIAL GOVERNMENT PLEADER, SR.No.75514 Aav MK/SKN/SAR 3/07.08.2018/2P/6C W.P.(MD) No.16374 of 2018 26.07.2018 https://hcservices.ecourts.gov.in/hcservices/