Manimegala.N v. The General Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.07.2022

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH N.Manimegala ... Petitioner Vs.

The General Manager, Tamilnadu State Transport Corporation (Madurai) Limited, Dindigul Region, Bye-Pass Road, Dindigul.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to include her son named as Varun Chozhan, her daughter named as Varshitha and her mother in law named as Mrs.Lailah as legal heirs of her husband in the service register maintained by the respondent within a time frame as may be fixed by this Court.

For Petitioner : Mr.G.M.Xavier For Respondent : Mr.S.C.Herold Singh, Standing Counsel.

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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 respondent on 31.01.2022 seeking for inclusion of her son named as Varun Chozhan, her daughter named as Varshitha and her mother in law named as Mrs.Lailah as legal heirs of her husband in the service register maintained by the respondent. 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 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. 2/4

4. In the light of the above observations, there shall be a direction to the respondent herein to consider the petitioner's representation dated 31.01.2022 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.

05.07.2022 Index : Yes / No Internet : Yes/ No btr/TM To The General Manager, Tamilnadu State Transport Corporation (Madurai) Limited, Dindigul Region, Bye-Pass Road, Dindigul.

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M.S.RAMESH , J.

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