E.Muneeswaran v. The Director Of Medical And Rural Health Services
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.05.2023
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.12639 of 2023 E.Muneeswaran ... Petitioner /vs./ 1.The Director of Medical and Rural Health Services, Directorate of Medical and Rural Health and Rural Health Services, Anna Salai, Chokkalingam, Chennai.
2.The Joint Director of Medical and Rural Health Services, O/o.The Joint Director of Medical and Rural Health Services, Tenkasi.
3.The Dean, Government District Headquarters Hospital, Tenkasi.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to provide water connection to the petitioner's shop situated at premises of the third respondent on the basis of the petitioner's representation dated 19.05.2023. 1/5
For Petitioner : Mr.A.B.Jeeva For Respondents : Mr.M.Siddharthan Additional Government Pleader
ORDER
By consent, the writ petition is taken up for final hearing at the admission stage itself.
2. This writ petition has been filed for a mandamus directing the the second respondent to provide water connection to the petitioner's shop situated at premises of the third respondent on the basis of the petitioner's representation dated 19.05.2023.
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, nonconsideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its 2/5
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 19.05.2023, on its own merits and pass appropriate orders in accordance with law, within a period of four (4) 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.
5. With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs.
25.05.2023 Index : Yes / No Internet : Yes / No RR 3/5
To 1.The Director of Medical and Rural Health Services, Directorate of Medical and Rural Health and Rural Health Services, Anna Salai, Chokkalingam, Chennai.
2.The Joint Director of Medical and Rural Health Services, O/o.The Joint Director of Medical and Rural Health Services, Tenkasi.
3.The Dean, Government District Headquarters Hospital, Tenkasi.
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M.S.RAMESH, J.
RR Order made in W.P.(MD) No.12639 of 2023 Dated:
25.05.2023 5/5