M.Gnanamirtham v. The Principal Secretary To

-BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.14120 of 2019 M.Gnanamirtham ... Petitioner /vs./ 1.The Principal Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.

2.The Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 005.

3.The District Collector, Tiruchirappalli District, Tiruchirappalli.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent i.e., the Principal Secretary to Government, Revenue Department, Chennai to pass appropriate orders on the petitioner's representation dated 25.03.2019 regarding inclusion of her name in the Assistant list of the year 2000, in the Deputy Tahsildar list of the year 2009 and in the Tahsildar list of the year 2013, within a specified time frame 1/4

that may be fixed by this Court.

For Petitioner : Mr.S.Visvalingam For Respondents : Mrs.D.Farjana Ghoushia, Special Government Pleader

ORDER

The petitioner herein had given a representation to the respondents on 25.03.2019, seeking for inclusion of her name in the approved list of Assistant of the year 2000, in the list of Deputy Tahsildar of the year 2009 and in the list of Tahsildar of the year 2013. Since the said representation was not considered, the present writ petition has been filed.

2. 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 2/4

extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

3. In the light of the above observations, there shall be a direction to the respondents 1 and 3 herein to consider the petitioner's representation dated 25.03.2019, 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. 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.

4. With the above direction, the Writ Petition stands disposed of. No costs. 02.08.2022 Index : Yes / No Internet : Yes / No vsm 3/4

M.S.RAMESH, J.

vsm To 1.The Principal Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.

2.The Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 005.

3.The District Collector, Tiruchirappalli District, Tiruchirappalli.

Order made in W.P.(MD) No.14120 of 2019 Dated:

02.08.2022 4/4