Malarkodi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.11544 of 2022 and W.M.P.(MD)Nos.8172 & 8173 of 2022 Malarkodi ... Petitioner /vs./ 1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Lalgudi, Trichy District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd respondent to review the order of suspension passed in his proceedings RC.A1/4114/2021 dated 19.12.2021 in the light of the Honble Apex Court Judgment reported in 2015 3 CTC 119 (Ajay Kumar Choudhary Vs.Union of India and others). For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.A.Sivanupandian Government Advocate 1/4

ORDER

By consent of both the parties, this writ petition is taken up for final disposal.

2.The petitioner herein had given a representation to the respondents on 16.05.2022 seeking for review of the order of suspension passed in proceedings RC.A1/4114/2021 dated 19.12.2021. Since the said representation was not considered, the present writ petition has been filed. 3.It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, 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. As such, nonconsideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time. 2/4

4.In the light of the above observations, there shall be a direction to the first respondent herein to consider the petitioner's representation dated 16.05.2022 on its own merits and pass appropriate orders in accordance with law, within a period of four (4) 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 views with regard to the merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits.

5.With the above direction, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. 24.06.2022 Index : Yes / No Internet : Yes / No sm TO:

1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Lalgudi, Trichy District.

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M.S.RAMESH, J.

Sm Order made in W.P.(MD)No.11544 of 2022 Dated:

24.06.2022 4/4