Senthilkumar.P v. The Secretary To Government
W.P.(MD).No.11812 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.06.2022
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD).No.11812 of 2022 P.Senthilkumar ... Petitioner Vs.
1.The Secretary to Government, Revenue and Disaster Management Department, Fort St.George, Chennai - 600 009.
2.The Additional Director, Survey and Land Records Department, Survey House, Chepauk, Chennai - 600 005.
3.The Assistant Director of Survey and Land Records, District Survey Office, Collectorate, Theni.
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to consider and pass orders on the petitioner's representation dated 08.10.2020 seeking promotion to the post of Assistant and include his name in the list of Assistant fit for promotion to the post of Superintendent for the year 20212022 on par with his juniors more particularly within a time frame as may be stipulated by this Court.
For Petitioner : Mr.J.Pooventhera Rajan For Respondents : Mr.G.Suriyananth, Additional Government Pleader.
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 08.10.2020 seeking promotion to the post of Assistant and to include his name in the list of Assistant fit for promotion to the post of Superintendent for the year 2021-2022. Since the said https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD).No.11812 of 2022 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 representation dated 08.10.2020 on its own merits and pass appropriate orders in accordance with law, within a period of twelve (12) 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. There shall be no order as to costs.
Sd/- Assistant Registrar (CS II) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm To 1.The Secretary to Government, Revenue and Disaster Management Department, Fort St.George, Chennai - 600 009.
2.The Additional Director, Survey and Land Records Department, Survey House, Chepauk, Chennai - 600 005.
3.The Assistant Director of Survey and Land Records, District Survey Office, Collectorate,Theni.
+1 CC to M/s.SPL.GP. ( SR-26430[F] dated 17/06/2022 ) W.P.(MD).No.11812 of 2022 15.06.2022 MGJ(30.06.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2