Satheesh, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.18710 of 2022 Satheesh ... Petitioner /vs./ 1.The District Collector, Ramanathapuram.

2.The District Revenue Officer, Ramanathapuram.

3.The Revenue Divisional Officer, The Revenue Divisional Office, Ramanathapuram.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondent to revoke the suspension order in Roc.A1/1926/2022, dated 10.03.2022 by considering the petitioner's representation, dated 15.06.2022 and consequently direct the respondents to reinstate the petitioner in service and pass such further or other orders as this Court.

For Petitioner : Mr.B.Mahendrarajan 1/5

For Respondents : Mr.Veera.Kathiravan Additional Advocate General Assisted by Mrs.D.Farjana Ghoushia Special Government Pleader

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 third respondent on 15.06.2022 seeking to revoke the suspension order in Roc.A1/1926/2022, dated 10.03.2022 and to reinstate him in service. 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 dereliction of duty and hence, this Court will be justified in invoking its 2/5

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 15.06.2022 on its own merits and pass appropriate orders in accordance with law, within a period of four (4) 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. There shall be no order as to costs.

18.08.2022 Index : Yes / No Internet : Yes / No btr/lm 3/5

To 1.The District Collector, Ramanathapuram.

2.The District Revenue Officer, Ramanathapuram.

3.The Revenue Divisional Officer, The Revenue Divisional Office, Ramanathapuram.

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M.S.RAMESH, J.

btr/lm Order made in W.P.(MD)No.18710 of 2022 Dated:

18.08.2022 5/5