A.Natarajan, v. The Govt. Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.06.2022
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH A.Natarajan ... Petitioner Vs.
1.The Government of Tamil Nadu, Rep. by its Chief Secretary, Fort St. George, Chennai 600 009.
2.The Government of Tamil Nadu, Rep. by its Principal Secretary, Revenue Department, Fort St. George, Chennai 600 009.
3.The Additional Chief Secretary / Commissioner of Revenue Admn., Ezhilagam, Chepauk, Chennai - 600 005.
4.The District Collector, Ramanathapuram District, Ramanathapuram.
... Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the 2nd respondent to consider the petitioner's representations dated 16.05.2018 and 24.09.2018 and consequently re-draw the panel of Deputy Tahsildars/ Tahsildars/Deputy Collectors/District Revenue Officers from 04.12.1978.
For Petitioner : Mr.W.Pamelin For Respondents : Mr.G.Suriyananth Additional Government Pleader
O R D E R
By consent of both the parties, this writ petition is taken up for final disposal.
2. The petitioner herein had given representations to the respondents on 16.05.2018 and 24.09.2018 seeking to re-draw the 1/3
panel of Deputy Tahsildars/ Tahsildars/Deputy Collectors/District Revenue Officers from 04.12.1978. 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, non-consideration 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.
4. In the light of the above observations, there shall be a direction to the second respondent herein to consider the petitioner's representations, dated 16.05.2018 and 24.09.2018, on its own merits and pass appropriate orders in accordance with law, within a period of three (3) months from the date of receipt of a copy of this order, if not already considered. 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.
Sd/- Assistant Registrar (CO) // True Copy // / /2022 Sub Assistant Registrar(CS) TM To 1.The Chief Secretary to Government, Government of Tamil Nadu Fort St. George,Secretariat, Chennai 600 009.
2.The Principal Secretary to Government, Revenue Department, Fort St. George, Chennai 600 009.
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3.The Additional Chief Secretary / Commissioner of Revenue Admn., Ezhilagam, Chepauk, Chennai - 600 005.
4.The District Collector, Ramanathapuram District, Ramanathapuram.
+1 CC to M/s.SPL.GP ( SR-24417[F] dated 07/06/2022 ) 06.06.2022 RK(13/06/2022) 3P 6C 3/3