Palanikumar.M v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.10885 of 2023 M.Palanikumar ... Petitioner -vs1. The State of Tamil Nadu, Rep. by its Principal Secretary, Higher Education Department Secretariat, Chennai.

2. The Registrar, Annamalai University, Chidambaram, Cuddalur District.

3. The Managing Director, Tamil Nadu Warehousing Corporation, No.82, Annasalai, Guindy, Chennai.

4. The Director of Collegiate Education, Chennai.

5. The Principal, Rani Anna Government Arts College, Tirunelveli District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing 4th and 5th respondents to regularize the leave period as per the proposal submitted by the 5th respondent dated 29.12.2021.

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For Petitioner : Mr.V.Panneer Selvam For Respondents : Mr.T.Amjad Khan (R1, R4 & R5) Additional Government Pleader Mr.V.Karthik Raja (R2) for M/s.Ajmal Associates No appearance (R3)

ORDER

This writ petition has been filed seeking a direction to the 4th and 5th respondents to regularize the leave period as per the proposal submitted by the 5th respondent dated 29.12.2021.

2. Heard the learned counsel on both sides and perused the materials placed before this Court.

3. When the matter is taken up for hearing, the learned counsel appearing for the petitioner submits that though the aforesaid relief has been sought for by the petitioner, now, he confines the prayer that it would suffice if the proposal submitted by the fifth respondent dated 29.12.2021, which is still pending with the fourth respondent, is disposed in accordance with law. 2/4

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

5. Considering the facts and circumstances of this case, this Court directs the fourth respondent to consider the proposal submitted by the third respondent dated 29.12.2021, and dispose of the same on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.

07.07.2025 NCC : Yes/No Index : Yes / No 3/4

VIVEK KUMAR SINGH, J.

sm TO:-

1. The Principal Secretary, Higher Education Department Secretariat, Chennai.

2. The Director of Collegiate Education, Chennai.

3. The Principal, Rani Anna Government Arts College, Tirunelveli District.

Order made in W.P.(MD)No.10885 of 2023 Dated:

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