Thiruppathi.V v. The District Collector
W.P.(MD)No.12033 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:16.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.12033 of 2022 V.Thiruppathi ... Petitioner /vs./ 1.The District Collector, Pudukottai District, Pudukottai.
2.The District Employment Officer, District Employment Office, Pudukottai District.
3.The Tahsildar, Pudukottai District, Pudukottai.
4.K.Palanimuthu ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to consider the candidature of the petitioner for the post of Village Assistant based on the recommendation of the second respondent under proceedings, dated 16.05.2014 in Na.Ka.No.E1/1958/2014, based on the representation, dated 01.10.2020 given by the petitioner to the first respondent within the specific time frame as fixed by this Court.
For Petitioner : M/s.A.Joseph Jerry For R-1 to R-3 : Mr.M.Siddharthan 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 third respondent on 01.10.2020 seeking for appointment to the post of Village Assistant. 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD)No.12033 of 2022 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 first respondent herein to consider the petitioner's representation, dated 01.10.2020, based on the recommendation dated 16.05.2014, on its own merits and pass appropriate orders in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order after giving due opportunity to the petitioner as well as the fourth respondent. 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 (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) btr/vji To 1.The District Collector, Pudukottai District, Pudukottai.
2.The District Employment Officer, District Employment Office, Pudukottai District.
3.The Tahsildar, Pudukottai District, Pudukottai.
+1 CC to M/s.A. JOSEPH JERRY, Advocate ( SR-26507[F] dated 17/06/2022 ) +1 CC to M/s.SPL.GP ( SR-26553[F] dated 17/06/2022 ) Order made in W.P.(MD)No.12033 of 2022 Dated:16.06.2022 CK(CO) GC(29.06.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2