Sundramoorthi.B v. The Additional Chief Secretary / Commissioner Of Revenue Administration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON : 31.07.2023 PRONOUNCED ON : 21.08.2023

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.16821 of 2023 B.Sundramoorthi ... Petitioner Vs.

1.The Additional Chief Secretary / Commissioner of Revenue Administration, Chepauk, Chennai - 600 005.

2.The District Collector, Office of the Collectorate, Virudhunagar District.

3.The District Revenue Officer, Office of the District Revenue Officer, Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 23.06.2023 for the inclusion of the petitioner to the panel to the post of Tahsildar and as per the proceedings of the second respondent in Na.Ka.No.A1/A-111/4/2022, dated 04.05.2023.

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For Petitioner : Mr.S.Ramsundarvijayraj For Respondents : Mr.P.Veera Kathiravan Additional Advocate General Assisted by Mr.N.Muthu Vijayan Special Government Pleader

ORDER

The present Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 23.06.2023 for the inclusion of the petitioner to the panel to the post of Tahsildar and as per the proceedings of the second respondent in Na.Ka.No.A1/A-111/4/2022, dated 04.05.2023.

2.Heard Mr.S.Ramsundarvijayraj, learned counsel appearing for the petitioner and Mr.P.Veera Kathiravan, learned Additional Advocate General appearing for the respondents and perused the materials available on record.

3.The petitioner was appointed in the cadre of Junior Assistant in the year 1997 and presently, he is working as a Special Tahsildar, ADW in Aruppukottai Taluk, Virudhunagar District. The name of the petitioner was not considered in the panel of Tahsildar, 2019, 2/6

even though his services were regularized in the cadre of Deputy Tahsildar on 25.11.2015 and the petitioner is deemed to have completed the period of probation in the cadre of Deputy Tahsildar on 24.11.2017 by the proceedings of the District Collector, Virudhunagar. From 01.10.2020, the petitioner joined as Tahsildar and he continued to act as Tahsildar till date, based on the panel of Tahsildar for the year 2019. Hence, the petitioner made a representation to the respondents, dated 23.06.2023 seeking to include his name to the panel to the post of Tahsildar as per the proceedings of the second respondent in Na.Ka.No.A1/A-111/4/2022, dated 04.05.2023. However, the same was not considered.

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 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, non-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 the Constitution of India and direct them to consider the same within a stipulated time.

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5.Considering the facts and circumstances of the case, this Court, without expressing any opinion with regard to the merits of the claim made in the Writ Petition, directs the respondents to consider the representation of the petitioner, dated 23.06.2023 and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 6.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

21.08.2023 (2/3) NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The Additional Chief Secretary / Commissioner of Revenue Administration, Chepauk, Chennai - 600 005.

2.The District Collector, Office of the Collectorate, Virudhunagar District.

3.The District Revenue Officer, Office of the District Revenue Officer, Virudhunagar District.

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L.VICTORIA GOWRI, J.

ps Pre-Delivery Order made in W.P.(MD)No.16821 of 2023 21.08.2023 (2/3) 6/6