Manikam A v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2022
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH A.Manikam ... Petitioner -vs1.The District Collector, District Collector Office, Theni District-625 531.
2.The Assistant Director of Panchayat, Office of Assistant Director of Panchayat, Collectorate, Theni District-625 531.
3.The Block Development Officer, Office of the Block Development Office, Andipatti & Taluka, Theni District-625 512.
4.The Panchayat President, Office of Kanniappapillaipatti Panchayat, Andipatti, Theni District-625 512.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents to pay a sum of
4,000/- (Four Thousand Rupees only) as monthly salary along with entire arrear as per the Resolution passed by the 4th respondent office in Resolution Number: 125 dated 24.08.2020 within a stipulated time that may be fixed by this Court.
For Petitioner : Mrs.Anusha for Mr.R.Karunanidhi For Respondents : Mr.R.Ragavendran Government Advocate for R1 & R2 : Mr.A.K.Manikkam Special Government Pleader for R3 & R4 ******
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 first respondent on 10.07.2021 seeking monthly salary along with entire arrears as per the resolution passed by the 4th respondent in
Resolution Number:125, dated 24.08.2020. 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 them 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 extraordinary powers under Article 226 of Constitution of India and directs the first respondent to consider the same within a stipulated time.
4. In the light of the above observations, there shall be a direction to the first respondent herein to consider the petitioner's representation dated 10.07.2021 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. No costs.
21.07.2022 Index:Yes/No Internet:Yes abr
To 1.The District Collector, District Collector Office, Theni District-625 531.
2.The Assistant Director of Panchayat, Office of Assistant Director of Panchayat, Collectorate, Theni District-625 531.
3.The Block Development Officer, Office of the Block Development Office, Andipatti & Taluka, Theni District-625 512.
4.The Panchayat President, Office of Kanniappapillaipatti Panchayat, Andipatti, Theni District-625 512.
M.S.RAMESH, J.
abr 21.07.2022