Madras High CourtWP(MD)/17222/2018disposed of

P.Mariappan, v. The District Collector,

2018-08-02Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.17222 of 2018 P.Mariappan ... Petitioner vs.

1. The District Collector Madurai District Madurai.

2. The Special Tahsildhar (Social Security Scheme) Usilampatti, Usilampatti Taluk Madurai District ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the first respondent to disburse the petitioner arrears of old pension from August 2010 to 30.09.2015 by considering the petitioner's representation dated 09.12.2015.

For Petitioner :

Mr.R.Murugappan For Respondents :

Mr.J.Gunaseelan Muthiah Additional Government Pleader

ORDER

Mr.Mr.J.Gunaseelan Muthiah, learned Additional Government Pleader takes notice for the respondents

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. It is the grievance of the petitioner that his representation dated 09.12.2015 seeking to disburse his arrears of old pension from August 2010 to 30.09.2015, has not been considered by the second respondent till date and therefore, he has filed the present writ petition.

4. This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time. https://hcservices.ecourts.gov.in/hcservices/

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the second respondent to consider the petitioner's representation dated 09.12.2015 on its own merits and take further action in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.

6. With the above directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar (CS-III) To

1. The District Collector, Madurai District, Madurai.

2. The Special Tahsildhar, (Social Security Scheme) Usilampatti, Usilampatti Taluk, Madurai District.

+1cC to Mr.R.Murugappan, Advocate in SR.No.76629. +1CC to Special Government Pleader in SR.No.77037. AAV DS/SKN/SAR-3 :16.08.2018: 2P/5C W.P.(MD) No.17222 of 2018 02.08.2018 https://hcservices.ecourts.gov.in/hcservices/