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Madras High CourtWP(MD)/13186/2022disposed of

Vijayalakshmi v. The Managing Director

2022-06-27Honourable Mr Justice M.S. Ramesh2 pages

W.P.(MD).No.13186 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2022

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH W.P.(MD).No.13186 of 2022 1.Vijayalakshmi @ Vijaya 2.Sreevathzan

...Petitioners

Vs 1.The Managing Director, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam, Thanjavur District.

2.The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Trichy Region, Periyamilaguparai, Trichirapalli District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first and second respondents herein to pass orders to include the name of the son of the first petitioner, namely, Sreevathzan, in the Service Register of the first petitioner's Husband, namely, Mr.Narasimman within the time limit that may be fixed by this Court.

For Petitioners : Mr.N.Sudhagar Nagaraj For Respondents : Mr.K.Jagadees Balan, Standing Counsel.

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 respondents on 06.06.2022 seeking for inclusion of the first petitioner's son, namely, Sreevathzan, in the Service Register of first petitioner's Husband, namely, Mr.Narasimman. 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 representation by the Statutory Authority would amount to https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.13186 of 2022 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 second respondent herein to consider the petitioner's representation dated 06.06.2022 on its own merits and pass appropriate orders in accordance with law, within a period of three (3) months from the date of receipt of a copy of this order. 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 (AS) // True Copy // /07/2022 Sub Assistant Registrar(CS) Nsr/TM To:

1.The Managing Director, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam, Thanjavur District.

2.The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Trichy Region, Periyamilaguparai, Trichirapalli District.

+1 CC to M/s.K. JAGADEES BALAN, Advocate ( SR-28304[F] dated 27/06/2022 ) W.P.(MD).No.13186 of 2022 27.06.2022 RD(06.07.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2