Thanuskodi v. The Principal Chief Conservator Of Forests

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.17815 of 2022 Thanuskodi ... Petitioner /vs./ 1.The Principal Chief Conservator of Forests, Panagal Building, Saidapet, Chennai-600 015.

2.The Managing Director, Tea Plantation Corporation Limited, Coonoor, Uthagamandalam District-643 101.

3.The Accountant General, (Accounts and Entitlements), No.361, Anna Salai, Teynampet, Chennai-600 018.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents 1 to 3 to consider the petitioner's representation, dated 09.01.2020 to his pension account No.PP.No. 11023583, within the time stipulated by this Court. 1/4

For Petitioner : Mr.P.M.Vishnuvarthanan For Respondents : Mr.R.Suresh Kumar Additional Government Pleader for R1 & R2 Mr.P.Gunasekaran Standing Counsel for R3

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 09.01.2020 seeking for fixing his pension contribution in Pension Account No.PP.No.11023583. 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, non2/4

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. 4.In the light of the above observations, there shall be a direction to the first respondent herein to consider the petitioner's representation dated 09.01.2020 on its own merits and pass appropriate orders in accordance with law, within a period of three (3) months 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. 08.08.2022 Index : Yes / No Internet : Yes / No sji/lm 3/4

M.S.RAMESH, J.

sji/lm To 1.The Principal Chief Conservator of Forests, Panagal Building, Saidapet, Chennai-600 015.

2.The Managing Director, Tea Plantation Corporation Limited, Coonoor, Uthagamandalam District-643 101.

Order made in W.P.(MD) No.17815 of 2022 Dated:

08.08.2022 4/4