P.Meiyan @ Siva v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.15707 of 2025 P.Meiyan @ Siva ... Petitioner -vs1. The District Collector, Collectorate, Dindigul.

2. The Deputy Commissioner of Labour, Dindigul District.

Dindigul.

3. The Block Development Officer, Natham Union Office, Natham, Dindigul District.

4. The Panchayat Clerk, Sathampadi Village Panchayat Natham Taluk, Dindigul District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 3rd and 4th respondents to give the petitioner retirement benefits on the light of the order of the 2nd respondent 1/6

in Pa.Ka.No.146/2023 dated 24.10.2024 amount of Rs.84,323/ with 10 percent simple interest by way of consider the petitioner representation dated 23.04.2025.

For Petitioner : Mr.S.Sivakumar For Respondents : Mr.S.R.A.Ramachandhran (for R1,R2&R4) Additional Government Pleader Mr.S.S.Madhavan (R3) Additional Government Pleader

ORDER

This writ petition has been filed seeking a direction to the 3rd and 4th respondents to give retirement benefits to the petitioner, in the light of the order of the 2nd respondent in Pa.Ka.No.146/2023 dated 24.10.2024, amounting to Rs.84,323/- with 10% interest by way of considering the petitioner's representation dated 23.04.2025.

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

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3. The petitioner joined as Motor Operator named OHT operator in the fourth respondent panahcyat and has put in service for a period of 29 years and retired on 31.05.2022. However, the retirement benefits of the petitioner have not been disbursed. Hence, the petitioner made a representation to the respondents dated 23.04.2025. Since the said representation was 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 respondents to consider the petitioner's representation dated 23.04.2025, 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 3/6

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.

6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. 16.06.2025 NCC : Yes/No Index : Yes / No sm 4/6

TO:-

1. The District Collector, Collectorate, Dindigul.

2. The Deputy Commissioner of Labour, Dindigul District.

Dindigul.

3. The Block Development Officer, Natham Union Office, Natham, Dindigul District.

4. The Panchayat Clerk, Sathampadi Village Panchayat Natham Taluk, Dindigul District.

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VIVEK KUMAR SINGH, J.

sm Order made in W.P.(MD)No.15707 of 2025 Dated:

16.06.2025 6/6