Palanisamy K v. The Commissioner Of Municipal Administration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.15102 of 2025 K.Palanisamy : Petitioner Vs.

1. The Commissioner of Municipal Administration, Office of the Commissioner of Municipal Administration, Chepauk, Chennai.

2. The Commissioner, Dindigul Corporation, Dindigul.

: Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to modify the date of regularization of the petitioner's service on completion of one year of his initial service from date of his appointment i.e 14.09.2001 in the 2nd respondent Corporation instead of from 27.02.2006 in terms of G.O.Ms.No.125 Municipal Administration and Water Supply Department dated 27.05.1999 and grant pension to the petitioner under old pension scheme with all the attendant benefits within the time stipulated by this Court.

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For Petitioner : Mr.M.Kalifullah For Respondents : Mr.S.R.A.Ramachandhran Additional Government Pleader

ORDER

This writ petition has been filed seeking a direction to the respondents to modify the date of regularization of the petitioner's service on completion of one year of his initial service from date of his appointment i.e., 14.09.2001 in the 2nd respondent Corporation, in terms of G.O.Ms.No.125, Municipal Administration and Water Supply Department dated 27.05.1999 and grant pension to the petitioner under old pension scheme with all the attendant benefits within the time stipulated by this Court.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. When the matter is taken up for hearing, the learned counsel appearing for the petitioner submits that though the aforesaid relief has 2/6

been sought for by the petitioner, now, he confines the prayer that it would suffice if the representation submitted by the petitioner dated 07.03.2025 is disposed of in accordance with law.

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, non-consideration 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 respondents to consider the petitioner's representation dated 07.03.2025, 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. 3/6

6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. 13.08.2025 Index : Yes / No NCC : Yes / No Sm 4/6

To:-

1. The Commissioner of Municipal Administration, Office of the Commissioner of Municipal Administration, Chepauk, Chennai.

2. The Commissioner, Dindigul Corporation, Dindigul.

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M.DHANDAPANI, J.

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