Petchimuthu.R v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.08.2022

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH R.Petchimuthu ... Petitioner Vs.

1.The Managing Director, No.807, 4th Floor, PT Lee Chengalvarayan Naicker Building, Anna Salai (Mount Road), Chennai - 600 002.

2.The Deputy Manager/Special Tahsildar, Tirunelveli District.

3.R.Athinarayanan, Deputy Manager/Special Tahsildar, Tirunelveli District.

4.The Deputy Manager/Special Tahsildar, Thoothukudi District.

5.S.S.Selva Prasad, The Deputy Manager/Special Tahsildar, Thoothukudi District.

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6.S.Suresh, Assistant Manager, Tirunelveli.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first and fourth respondents herein to permit the petitioner to discharge his duties as Assistant Manager, Tamil Nadu Arasu Cable TV Corporation Limited, Thoothukudi with all attendant benefits from October 2021 onwards based on the petitioner's representation dated 27.06.2022.

For Petitioner : Mr.D.Srinivasaragavan For R-1, R-2 and R-4 : Mr.Abdul Saleem

ORDER

The petitioner herein had given a representation to the first respondent on 27.06.2022 seeking to permit the petitioner to discharge his duties as Assistant Manager, Tamil Nadu Arasu Cable TV Corporation Limited, Thoothukudi. Since the said representation was not considered, the present Writ Petition has been filed.

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2. 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.

3. In the light of the above observations, there shall be a direction to the first respondent herein to consider the petitioner's representation, dated 27.06.2022, 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. 3/5

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

16.08.2022 Index : Yes / No Internet : Yes/ No Lm To 1.The Managing Director, No.807, 4th Floor, PT Lee Chengalvarayan Naicker Building, Anna Salai (Mount Road), Chennai - 600 002.

2.The Deputy Manager/Special Tahsildar, Tirunelveli District.

3.The Deputy Manager/Special Tahsildar, Thoothukudi District.

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M.S.RAMESH , J.

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