Manikandan v. Government Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.16509 of 2018 Manikandan ... Petitioner vs.

1. The Government of Tamil Nadu, represented by its Home Secretary to Government, Fort St.George, Madras -9.

2. The District Magistrate/District Collector, Pudukottai District, Pudukkottai.

3. The District Magistrate/District Collector, Tirunelveli District, Tirunelveli.

4. The Superintendent of Police, Pudukottai, Pudukottai District.

5. The superintendent of Police, Tirunelveli, Tirunelveli District.

6. The Inspector Police, Puliangudi Police Station, Tirunelveli District.

7. Periyasamy The Special Sub Inspector of Police, Serndhamaram Police Station, Tirunelveli District.

8. Ayyanar

9. Sekar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 2 to 6 to take action on the petitioner's representation dated 13.07.2018 seeking to take action against the respondents 7 to 9 compelling the petitioner to work under the 8th and 9th respondents.

For Petitioner :Mr.R.J.Karthick For Respondents 1 to 6:Mr.J.Gunaseelan Muthiah, Additional Government Pleader

ORDER

Mr.J.Gunaseelan Muthiah, learned Additional Government Pleader, takes notice for the respondents 1 to 6. Notice to the respondents 7 to 9 is dispensed with in view of nature of the order to be passed by this Court.

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 13.07.2018 seeking action against the respondents 7 to 9, 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 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 representation dated 13.07.2018 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 direction, this writ petition is disposed of. No costs.

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

1. The Secretary to Government, Home Department, The Government of Tamil Nadu, Fort St.George, Madras -9.

2. The District Magistrate/District Collector, Pudukottai District, Pudukkottai.

3. The District Magistrate/District Collector, Tirunelveli District, Tirunelveli.

4. The Superintendent of Police, Pudukottai, Pudukottai District.

5. The superintendent of Police, Tirunelveli, Tirunelveli District.

6. The Inspector Police, Puliangudi Police Station, Tirunelveli District.

7. The Sub Inspector Police, Serndhamaram Police Station, Tirunelveli District.

+1CC to Mr.R.J.KARTHICK, Advocate, SR.No. 77230 +1CC to the Special Government Pleader SR.No. 77466 W.P.(MD) No.16509 of 2018 03.08.2018 DSK ES/RP/SAR 3/14.08.2018/3P/10C