Dinesh Kumar.R v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.17945 of 2022 R.Dinesh Kumar ... Petitioner /vs./ 1.The Secretary to Government, Rural Development and Panchayat Raj, Secretariat, St.George Fort, Chennai - 600 009.

2.The Commissioner of Rural Development And Panchayat Raj Department, Panagal Building, Chennai - 600 015.

3.The District Collector, Madurai District, Madurai.

4.The Block Development Officer, Madurai West Panchayat Union, Madurai 02.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st to 3rd respondents to give 1/4

promotion to the petitioner by considering the petitioner's representation dated 06.07.2022 within the period that may be stipulated by this Court. For Petitioner : Mr.E.Maresskumar For Respondents : Mr.R.Ragavendran Government Advocate (for R1 to R3) Mr.M.Senthil Ayyanar Government Advocate (for R4)

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 06.07.2022 seeking for his promotion. 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 2/4

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 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 third respondent herein to consider the petitioner's representation dated 06.07.2022 on its own merits and pass appropriate orders in accordance with law, within a period of twelve (12) 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. 10.08.2022 Index : Yes / No Internet : Yes / No sm 3/4

M.S.RAMESH, J.

Sm TO:

1.The Secretary to Government, Rural Development and Panchayat Raj, Secretariat, St.George Fort, Chennai - 600 009. 2.The Commissioner of Rural Development And Panchayat Raj Department, Panagal Building, Chennai - 600 015.

3.The District Collector, Madurai District, Madurai.

4.The Block Development Officer, Madurai West Panchayat Union, Madurai 02.

Order made in W.P.(MD)No.17945 of 2022 Dated:

10.08.2022 4/4