Sweetha v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD) No.16991 of 2025 Sweetha : Petitioner Vs.

1. The District Collector, District Collector Office, Madurai, Madurai District.

2. The District Child Welfare Officer, District Child Welfare Office, Madurai, Madurai District.

: Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 01.02.2025 and subsequently direct the respondent to give preference in selection process of Ankanvadi requirement based on her application dated 11.04.2025. For Petitioner : Mr.R.Balamuruganantham For Respondents : Mr.K.Balasubramani Special Government Pleader 1/6

O R D E R

The writ petition has been filed for the issuance of a writ of Mandamus, directing the respondents to consider the petitioner's representation dated 01.02.2025 and subsequently, to direct the respondent to give preference in selection process of Anganvadi requirement based on her application dated 11.04.2025..

2. Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondent. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3.The petitioner asserts that her mother served as an Anganwadi staff member and passed away in an accident in the year 2014. At the time of the accident, the petitioner was a minor. Upon attaining the age of majority, she applied for Anganwadi recruitment on 11.04.2025. Prior to that, she had also submitted a representation on 01.02.2025, seeking preference in the selection process under compassionate grounds for appointment to any post suitable to her 2/6

qualifications. As no action has been taken on the said application, the petitioner has now filed the present writ petition.

4. The learned counsel for the petitioner would submit that, it would suffice, if this Court issues a direction to the second respondent to consider the representation of the petitioner and pass appropriate orders, within a time frame that may be stipulated by this court.

5. 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.

6. In the light of the above observations, there shall be a direction to the second respondent to consider the petitioner's 3/6

representation dated 01.02.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, as well as all other persons, who may be interested in the subject matter, 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.

7. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. 24.06.2025 Index : Yes / No Internet : Yes / No PKN 4/6

To

1. The District Collector, District Collector Office, Madurai, Madurai District.

2. The District Child Welfare Officer, District Child Welfare Office, Madurai, Madurai District.

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VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.16991 of 2025 24.06.2025 6/6