Arul Selvaraj A v. The Circle Deputy Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No. 12943 of 2025 Arul Selvaraj ... Petitioner -vs1. The Circle Deputy Registrar, Office of the Deputy Inspector General of Registration, Tiruchirappalli Zone, 2nd Floor, Government Multipurpose Office Complex, Kajamalai, Trichy - 20.

2. The Deputy Registrar, Public Distribution System, Office of the Deputy Inspector General of Registration, Tiruchirappalli Zone, 2nd Floor, Government Multipurpose Office Complex, Kajamalai, Trichy - 20.

3. The Managing Director, Tiruchirappalli Consumers Co-Operative Wholesale Stores Ltd., Co-Operative Super Market, Chinthamani, Trichy 17.

... Respondents 1/6

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 04.03.2025 and disburse the payment of Rs.10,93,399/- for the period from the month of April, 2021 to March, 2023 within the time stipulated by this Court.

For Petitioner : Mr.D.Boopal For Respondents : Mr.C.Venkatesh Kumar, Spl. Govt. Pleader

ORDER

This writ petition has been filed seeking a direction to the respondents to consider the petitioner's representation dated 04.03.2025 and to disburse the payment of Rs.10,93,399/- for the period from the month of April, 2021 to March 2023, within the time stipulated by this Court.

2. By consent of both parties, this writ petition is disposed at the stage of admission itself.

3. The petitioner entered into a contract with the first respondent for transportation of consignments for the respondents in his own lorries. The transportation charges were increased. Subsequently, the rents for the 2/6

vehicles were also increased. However, the petitioner is receiving the increased rental amount only from March 2023 and therefore, the petitioner is entitled to get the increased rental amount for the period from April 2021 to March 2023. Hence, the petitioner made a representation to the respondents dated 04.03.2025 to disburse the payment of Rs.10,93,399/- for the period from the month of April 2021 to March 2023. Since the said representation was not considered, the petitioner has filed the present Writ Petition.

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. In the light of the above observations, there shall be a direction to the first respondent to consider the petitioner's representation dated 04.03.2025, on its own merits and pass appropriate orders in accordance with law, within 3/6

a period of four weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits.

6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. 29.04.2025 NCC : Yes/No (2/2) Index : Yes / No sm 4/6

TO:-

1. The Circle Deputy Registrar, Office of the Deputy Inspector General of Registration, Tiruchirappalli Zone, 2nd Floor, Government Multipurpose Office Complex, Kajamalai, Trichy - 20.

2. The Deputy Registrar, Public Distribution System, Office of the Deputy Inspector General of Registration, Tiruchirappalli Zone, 2nd Floor, Government Multipurpose Office Complex, Kajamalai, Trichy - 20.

3. The Managing Director, Tiruchirappalli Consumers Co-Operative Wholesale Stores Ltd., Co-Operative Super Market, Chinthamani, Trichy 17.

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VIVEK KUMAR SINGH, J.

sm Order made in W.P.(MD)No.12943 of 2025 (2/2) Dated:

29.04.2025 6/6