Renuganth.G v. The Deputy Inspector General Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.17425 of 2022 G.Renuganth ... Petitioner /Vs./ 1.The Deputy Inspector General of Police, Madurai Range, Madurai.
2.The Superintendent of Police, Virudhunagar District, Virudhunagar.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 and 2 to consider the petitioner's representation dated 29.06.2022 and subsequent representation dated 21.07.2022 and to revoke the suspension order passed by the second respondent office vide proceedings No.D.O.339/2022/C.No:F1/9840/2022, dated 04.03.2022 which was based on the order of the first respondent office proceedings No:C.No:A2(1)/2059381/49/2022/R.O.No.80/2022, dated 03.03.2022 within a time stipulated by this Court.
For Petitioner : Mr.R.Karunanidhi For Respondents : Mr.G.Suriyananth Additional Government Pleader 1/4
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 respondents on 21.07.2022 seeking to revoke the suspension order passed by the second respondent office vide proceedings No.D.O.339/2022/C.No:F1/9840/2022, dated 04.03.2022, which was based on the order of the first respondent office proceedings No:C.No:A2(1)/2059381/49/2022/R.O.No.80/2022, dated 03.03.2022. 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, nonconsideration of the representation by the Statutory Authority would amount to 2/4
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. 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 21.07.2022 on its own merits and pass appropriate orders in accordance with law, within a period of two(2) 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. No costs. 04.08.2022 Index : Yes / No Internet : Yes / No Rmk 3/4
M.S.RAMESH, J.
Rmk To 1.The Deputy Inspector General of Police, Madurai Range, Madurai.
2.The Superintendent of Police, Virudhunagar District, Virudhunagar.
Order made in W.P.(MD) No.17425 of 2022 04.08.2022 4/4