Balasubramanian P v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.17642 of 2025 and W.M.P.(MD)No.13463 & 13464 of 2025 P.Balasubramaniyan ... Petitioner -vs1. The Managing Director, Tamil Nadu State Transport Corporation (Kum) Limited, TNSTC Head Office, No.27, Railway Station New Road, Kumbakonam - 612 001.

2. The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam Region, Kumbakonam.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for records relating to the impugned order passed by the 2nd respondent in Ku.Aa.No.3258/PaPi-E2/TNSTC (KU)/06-02/2025 dated 19.06.2025 and quash the same as illegal. For Petitioner : Mr.SP.Vijaynivas For Respondents : Mr.K.Ramaiah TNSTC Standing Counsel 1/4

ORDER

This writ petition has been filed challenging the impugned order passed by the 2nd respondent in Ku.Aa.No.3258/PaPi-E2/TNSTC (KU)/06-02/2025 dated 19.06.2025.

2. Heard the learned counsel on either side.

3. When the matter was taken up for hearing, the learned counsel appearing for the petitioner submits that though larger relief has been sought for by the petitioner, now, he confines the prayer that it would suffice if the representation submitted by the petitioner dated 20.06.2025 is disposed of in accordance with law.

4. 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, nonconsideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its 2/4

extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

5. In view of the above, this Court directs the first respondent to consider the representation submitted by the petitioner dated 20.06.2025, on its own merits and pass appropriate orders, in accordance with law, within a period of one month 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 respondents to consider the same on its own merits.

6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

01.07.2025 NCC : Yes/No Index : Yes / No sm 3/4

VIVEK KUMAR SINGH, J.

sm TO:-

1. The Managing Director, Tamil Nadu State Transport Corporation (Kum) Limited, TNSTC Head Office, No.27, Railway Station New Road, Kumbakonam - 612 001.

Order made in W.P.(MD)No.17642 of 2025 Dated:

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