Indra Arul Mary.L v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.06.2022

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH L.Indra Arul Mary ... Petitioner Vs.

1.The Director, Employment and Training, (Tho. 3. Piri) Guindy, Chennai.

2.The Joint Director, In-charge of Industrial Schools, Employment and Training, Thiru Vi Ka Industrial Estate, SIDCO Industrial Estate, Guindy, Chennai.

3.Girls Industrial Training School, Through its Correspondent, Sivapuram Street, Tirunelveli.

... Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the 2nd respondent to correct the name of the petitioner's father as "P.Lazer" by rectifying the error in spelling in the 1/5

Cutting and Tailoring Certificate i.e. "Lasar" and the Needlework and Dress Making Embroidery Certificate i.e. "Lazar" based on the petitioner's representation dated 07.03.2022, within the time fixed by this Court. For Petitioner : Mr.H.Arumugam For Respondents : Mr.G.Suriyanath for R1 and R2 Additional Government Pleader

O R D E R

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 07.03.2022 seeking to correct the name of the petitioner's father as "P.Lazer" by rectifying the error in spelling in the Cutting and Tailoring Certificate i.e. "Lasar" and the Needlework and Dress Making Embroidery Certificate i.e. "Lazar". 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 2/5

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 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 07.03.2022 on its own merits and pass appropriate orders in accordance with law, within a period of six (6) weeks 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. 3/5

5. With the above direction, the Writ Petition stands disposed of. No costs.

29.06.2022 Index : Yes / No Speaking Order/ Non Speaking Order TM To 1.The Director, Employment and Training, (Tho. 3. Piri) Guindy, Chennai.

2.The Joint Director, In-charge of Industrial Schools, Employment and Training, Thiru Vi Ka Industrial Estate, SIDCO Industrial Estate, Guindy, Chennai.

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M.S.RAMESH,J.

TM 29.06.2022 5/5