Natarajan.T v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2022

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH T.Natarajan ... Petitioner Vs.

1.The Managing Director, State Express Transport Corporation, Pallavan Street, Chennai - 2.

2.The General Manager (Administration), State Express Transport Corporation, Pallavan Street, Chennai - 600 002.

3.The Branch Manager, State Express Transport Corporation Limited, Kanyakumari Branch, Kanyakumari, Kanyakumari District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to provide the Conveyance allowance to the petitioner / a person with disability on par with the similarly placed persons with disability in the State Transport Corporation with all arrears within the time stipulated by this Court. 1/4

For Petitioner : Mr.S.Louis For Respondents : Mr.S.C.Herold Singh, Standing Counsel.

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 Chief Secretary of the Government of Tamil Nadu on 23.06.2021 seeking for conveyance allowance and the same was forwarded to the second 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 second respondent herein to consider the petitioner's representation, dated 23.06.2021, on its own merits and pass appropriate orders in accordance with law, within a period of four (4) 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.

01.08.2022 Index : Yes / No Internet : Yes/ No Lm/btr To 1.The Managing Director, State Express Transport Corporation, Pallavan Street,Chennai - 2.

2.The General Manager (Administration), State Express Transport Corporation, Pallavan Street,Chennai - 600 002.

3.The Branch Manager, State Express Transport Corporation Limited, Kanyakumari Branch, Kanyakumari, Kanyakumari District.

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M.S.RAMESH , J.

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