Madasamy U v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH U.Madasamy ... Petitioner -vs1.The District Collector, Tenkasi, Tenkasi District.

2.The Revenue Divisional Officer, Tenkasi Taluk, Tenkasi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to take action on the petitioner's representation dated 21.04.2025 for transfer. For Petitioner : Mr.R.J.Karthick For Respondents : Mr.S.R.A.Ramachandran Additional Government Pleader

ORDER

This Writ Petition has been filed seeking a direction to the respondents to consider and take appropriate action on the petitioner's representation dated

21.04.2025, submitted for transfer, within a reasonable time as may be fixed by this Court.

2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3. According to the petitioner, he was appointed as a 'Village Administrative Officer' (VAO) through the Tamil Nadu Public Service Commission (TNPSC) on 18.04.2012 and is presently serving at Nettur Village, Alangulam Taluk, Tenkasi District. It is submitted that the petitioner's aged mother is suffering from chronic health issues and her condition is deteriorating. In view of her medical needs and to provide necessary care, the petitioner submitted representations dated 21.04.2025 and 05.06.2025 to the second respondent, seeking transfer to Vellakal Village, Veerakeralampudur Taluk, Tenkasi District, where the post of VAO is admittedly vacant.

4. Despite the urgency and the humanitarian nature of the request, the respondents have not taken any action on the petitioner's representations. The

inaction is arbitrary and causes undue hardship to the petitioner, both personally and administratively. Therefore, the petitioner prays that this Court may be pleased to issue an appropriate direction to the respondents to consider and pass orders on the petitioner's transfer request expeditiously, taking into account the petitioner's family circumstances and the availability of a vacancy at the requested location.

5. Heard both sides.

6. 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, 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 the Constitution of India and direct them to consider the same within a stipulated time.

7. In the light of the above observations, there shall be a direction to the second respondent herein to consider the petitioner's representation dated 05.06.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, 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 second respondent to consider the same on its own merits.

8. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.

NCC : Yes / No 19.06.2025 Index : Yes / No smn2 Note:- Issue order copy on 23.06.2025.

To:- 1.The District Collector, Tenkasi, Tenkasi District.

2.The Revenue Divisional Officer, Tenkasi Taluk, Tenkasi District.

VIVEK KUMAR SINGH , J.

smn2 19.06.2025