B.Abimanyu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.15817 of 2025 B.Abimanyu ... Petitioner -vs1. The District Collector, O/o. the District Collector, Sivagangai, Sivagangai District.

2. The Director of Town Panchayat, The Directorate of Town Panchayat, Sivagangai District.

3. The Executive Officer, Selection Grade Town Panchayat, Ilayangudi, Sivagangai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 02.12.2022 and 11.04.2025 seeking for an appointment on compassionate ground to any of the post commensurate with the petitioner's qualification within the period that may be stipulated by this Court.

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For Petitioner : Mr.H.Mohammed Imran For Respondents : Mr.K.Balasubramani Special Government Pleader

ORDER

This writ petition has been filed seeking a direction to the respondents to consider the petitioner's representation dated 02.12.2022 and 11.04.2025 seeking for an appointment on compassionate ground to any of the post commensurate with the petitioner's qualification within the period that may be stipulated by this Court.

2. By consent of both parties, this writ petition is disposed at the stage of admission itself.

3. The petitioner's father was working as sanitary worker in the third respondent office and he died in harness. Since he was the sole bread winner of the family, the petitioner made representations dated 02.12.2022 and 11.04.2025 to the respondents seeking for an appointment on compassionate ground to any of the post commensurate with the petitioner's qualification. 2/6

Since the said representations were not considered, the petitioner has filed the present Writ Petition.

4. 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 him 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 the Constitution of India and direct them to consider the same within a stipulated time.

5. In the light of the above observations, there shall be a direction to the third respondent to consider the petitioner's representations dated 02.12.2022 and 11.04.2025, on its own merits and pass appropriate orders in accordance with law, within a period of two months from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits. 3/6

6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. 17.06.2025 NCC : Yes/No Index : Yes / No sm 4/6

TO:-

1. The District Collector, O/o. the District Collector, Sivagangai, Sivagangai District.

2. The Director of Town Panchayat, The Directorate of Town Panchayat, Sivagangai District.

3. The Executive Officer, Selection Grade Town Panchayat, Ilayangudi, Sivagangai District.

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VIVEK KUMAR SINGH, J.

sm Order made in W.P.(MD)No.15817 of 2025 Dated:

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