Murugesan.K v. The District Adi Dravidar Welfare Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 12/06/2024

CORAM

The Hon`ble Ms.Justice R.N.MANJULA Murugesan.K ... Petitioner Vs

1. The District Adi Dravidar Welfare Officer, Collectorate Complex, Madurai District Madurai 625 020.

2. The Special Tahsildar, Adi Dravidar Welfare (Unit Iii), Usilampatti, Madurai District..

... Respondents PRAYER :-Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent i.e., the District Adi Dravidar Welfare Officer, Madurai to pass appropriate orders on the petitioners representations dated 24.07.2023 and 18.03.2024 regarding fixation of Selection Grade and Special Grade in the cadre of Cook, within a specified time frame that may be fixed by this Court.

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For Petitioner : Mr.S Visvalingam, For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

By consent the writ petition itself is taken up for final disposal.

2. Heard Mr.S.Visvalingam, learned counsel for the petitioner, Mr.M.Lingadurai, learned Special Government Pleader for the respondents.

3. The petitioner has given a representation to the first respondent i.e., the District Adi Dravidar Welfare Officer, Madurai dated 24.07.2023 and 18.03.2024 regarding fixation of Selection Grade and Special Grade in the cadre of Cook. Since the said representations were not considered the petitioner is before this Court with this 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 the 2/5

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. The failure on the part of the authority had prompted the petitioner to file this petition for seeking relief through issuance of Writ of Mandamus. As the petitioner has made out a case for invoking the extraordinary powers of this Court under Article 226 of the Constitution of India, the respondents are required to be given with a direction to consider the representation of the petitioner within a specified time frame.

5. In the light of the above observations, there shall be a direction to the respondents herein to consider the petitioners' representations dated 24.07.2023 and 18.03.2024, on its own merits and pass appropriate orders in accordance with law, after making due enquiry, within a period of four weeks from the date of receipt of a copy of this order. It is made clear that this Court has not gone into the merits of the case or the claim of the petitioner and it is open to the respondents to consider the same on its own merits.

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6. With the above direction, these writ petitions are disposed of. No costs.

12.06.2024 RR TO 1.The District Adi Dravidar Welfare Officer, Collectorate Complex, Madurai District Madurai 625 020.

2. The Special Tahsildar, Adi Dravidar Welfare (Unit Iii), Usilampatti, Madurai District..

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R.N.MANJULA,J

ORDER

IN WP(MD) No.12263 of 2024 Date : 12/06/2024 5/5