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Madras High CourtWP(MD)/13786/2022disposed of

Rathinam v. The District Collector

2022-07-01Honourable Mr Justice M.S. Ramesh2 pages

W.P.(MD).No.13786 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2022

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD).No.13786 of 2022 M.Rathinam ... Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Block Development Officer, Manamadurai Panchayat Union, Manamadurai, Sivagangai District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to consider the petitioner's application dated 16.06.2022 for the post of Co-ordinator under Mahatma Gandhi National Rural Employment Guarantee Scheme in Sivagangai District as per the first respondent paper publication dated 11.06.2022 in accordance with law and thus render justice.

For Petitioner : Mr.J.John For R-1 : Mrs.D.Farjana Ghoushia, Special Government Pleader.

For R-2 : Mr.A.Sivanupandian, Government Advocate.

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 16.06.2022 seeking for appointment to the post of Coordinator under Mahatma Gandhi National Rural Employment Guarantee Scheme in Sivagangai District. 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.13786 of 2022 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 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 16.06.2022 on its own merits and pass appropriate orders in accordance with law, within a period of eight (8) 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.

Sd/- Assistant Registrar (AD II) // True Copy // 01/07/2022 Sub Assistant Registrar(CS) Lm/Vji To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Block Development Officer, Manamadurai Panchayat Union, Manamadurai, Sivagangai District.

+1 CC to M/s.J.JOHN, Advocate ( SR-29318[F] dated 01/07/2022 ) W.P.(MD).No.13786 of 2022 01.07.2022 MGJ(01.07.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2