A.Amardeep v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.13572 of 2025 A.Amardeep ... Petitioner -vs1. The State of Tamil Nadu, Rep. by its Secretary, Department of Municipal Administration and Water Supply, Fort St.George, Chennai 600 009.

2. The Director of Municipal Administration, Directorate of Municipal Administration, MRC Nagar, Santhome High Road, Raja Annamalaipuram, Chennai 600 028.

3. The Commissioner, Madurai Corporation, Arignar Anna Maligai, Tallakulam, Madurai 625 002.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents herein to declare the petitioner's probation as completed w.e.f. from the date of passing the department tests i.e., 07.08.2013 by considering the representation of the petitioner dated 02.04.2025.

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For Petitioner : Mr.T.Cibichakraborthy For Respondents : Mr.S.R.A.Ramachandhran Additional Government Pleader

ORDER

This writ petition has been filed seeking a direction to the respondents herein to declare the petitioner's probation as completed w.e.f. from the date of passing the department tests i.e., 07.08.2013 by considering the representation of the petitioner dated 02.04.2025.

2. Heard the learned counsel on either side.

3. The petitioner joined as 'Assistant Engineer' in the third respondent office on 06.05.2008 and he has to complete his probation within a continuous period of three years. The petitioner has successfully passed the department tests in the year 2013. However, no order was passed with regard to the petitioner's probation. Hence, the petitioner made a representation to the respondents dated 02.04.2025 seeking for the said relief. Since the said representation was not considered, the petitioner has filed the present Writ Petition.

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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 02.04.2025 on its own merits and pass appropriate orders in accordance with law, within a period of six 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.

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6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. 26.06.2025 NCC : Yes/No Index : Yes / No sm 4/6

TO:-

1. The Secretary, Department of Municipal Administration and Water Supply, Fort St.George, Chennai 600 009.

2. The Director of Municipal Administration, Directorate of Municipal Administration, MRC Nagar, Santhome High Road, Raja Annamalaipuram, Chennai 600 028.

3. The Commissioner, Madurai Corporation, Arignar Anna Maligai, Tallakulam, Madurai 625 002.

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VIVEK KUMAR SINGH, J.

sm Order made in W.P.(MD)No.13572 of 2025 Dated:

26.06.2025 6/6