A.Manimala v. The Prncipal Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2020
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH A.Manimala ..Petitioner Vs
1. The Principal Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai - 600 009.
2. The Director of Town Panchayat Santhome High Road R.A.Puram Chennai - 600 028
3. The Secretary, Tamil Nadu Public Service Commission, Frazer Road, Chennai - 600 003.
4. The District Collector, Theni District, Theni.
5. The Regional Assistant Director of Town Panchayats, Palanichettipatti Post, Theni District.
6. The Executive Officer, Town Panchayat, Pannaipuram, Uthamapalayam Taluk, Theni District.
..Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the respondents 4,5 & 6 to consider and pass appropriate orders on the representation dated 24.09.2018 of the petitioner, within the period stipulated by this Court.
For Petitioner : Mr.K.Ponnaiah for M/s. Ajmal Associates For Respondents : For R1 toR5-Mr.C.M.Marichellaiah Prabhu Additional Government Pleader For R6 - Mr.A.Thiyagarajan 1/3
O R D E R
The limited prayer sought for by the petitioner is that to direct the respondents 4,5 & 6 to consider the petitioner's representation dated 24.09.2018 and to pass appropriate orders.
2. Whenever a representation is made to a statutory authority to redress the claim of the employee, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. Such an inaction would amount to dereliction of duties and thereby this Court would be justified in invoking its extraordinary powers under Article 226 of Constitution of India and thereby direct such authority to consider the representation within the stipulated time.
3. In view of the above observations, there shall be a direction to the respondent 4,5 & 6 herein to consider the petitioner's representation dated 24.09.2018 on its own merits and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its view with regard to the claim made by the petitioner in her representation and it is for the respondents to consider it in accordance with law.
4. With the above direction, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (CS II) // True Copy // / /2020 Sub Assistant Registrar(CS) vrn To
1. The Principal Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai - 600 009.
2. The Director of Town Panchayat Santhome High Road R.A.Puram Chennai - 600 028 2/3
3. The Secretary, Tamil Nadu Public Service Commission, Frazer Road, Chennai - 600 003.
4. The District Collector, Theni District, Theni.
5. The Regional Assistant Director of Town Panchayats, Palanichettipatti Post, Theni District.
6. The Executive Officer, Town Panchayat, Pannaipuram, Uthamapalayam Taluk, Theni District.
+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-9434[F] dated 02/03/2020 ) +1 CC to M/s.SPL.GP ( SR-9624[F] dated 02/03/2020 ) 28.02.2020 KK/17.03.2020/ 3P- 9C 3/3