K.Barath v. The Block Development Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.16830 of 2025 K.Barath ... Petitioner -vsThe Block Development Officer, Panchayat Union Office, Kundandar Kovil, Pudukkottai.

... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent to sanction the monetary benefits to the legal heirs of the deceased Nahendiran who worked as manager under the respondent during his lifetime by considering the petitioner's representation dated 14.12.2022. For Petitioner : Mr.J.Anandkumar For Respondent : Ms.S.Jeyapriya Government Advocate 1/6

ORDER

This writ petition has been filed seeking a direction to the respondent to sanction the monetary benefits to the legal heirs of the deceased Nahendiran, who worked as 'manager' under the respondent during his lifetime by considering the petitioner's representation dated 14.12.2022.

2. Heard the learned counsel on either side.

3. The petitioner's parental uncle, namely, Nahendiran, was working as a Manager under the respondent. On 01.11.2005, he met with an accident, and in the said accident, his wife, his two sons and himself died. The parents of the said Nahendiran also predeceased him. Due to the death of the entire family of the said Nahendiran, one Karthikeyan, who is the brother of the said Nahendiran became the legal heir of the deceased and he made a request to the respondent seeking monetary benefits. While this being so, he also died on 25.03.2014 leaving behind his wife, two daughters and two sons, one of which is the petitioner herein. Since no action has been taken on the said request, the petitioner made a representation to the respondent dated 2/6

14.12.2022 seeking for the said relief. 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 respondent to consider the petitioner's representation dated 14.12.2022, on its own merits and pass appropriate orders in accordance with law, within a period of one month 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.

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6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. 27.06.2025 NCC : Yes/No Index : Yes / No sm 4/6

TO:- The Block Development Officer, Panchayat Union Office, Kundandar Kovil, Pudukkottai.

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VIVEK KUMAR SINGH, J.

sm Order made in W.P.(MD)No.16830 of 2025 Dated:

27.06.2025 6/6