Christhudhas.G v. The Principal Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.18794 of 2022 G.Christhudhas ... Petitioner /vs./ The Principal Secretary to Government, The Department of Animal Husbandry, Dairying, Fisheries and Fishermen Welfare, Fort St.George, Chennai-600 009.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to put the petitioner notionally in the Post of Additional Milk Commissioner and give the monetary benefit and pension to the petitioner vide his representations, dated 04.03.2022, 05.04.2022 and 20.05.2022 and to pass such further or other orders as this Court. For Petitioner : Mr.C.Mayil Vahana Rajendran For Respondent : Mr.M.Siddharthan Additional Government Pleader 1/4

ORDER

By consent of both the parties, this Writ Petition is taken up for final disposal.

2. The petitioner herein had given representations to the Additional Chief Secretary on 04.03.2022, 05.04.2022 and 20.05.2022 seeking to put him notionally in the Post of Additional Milk Commissioner and give the monetary benefit and pension and the same were forwarded to the respondent. Since the said representations were 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 extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time. 2/4

4. In the light of the above observations, there shall be a direction to the respondent herein to consider the petitioner's representations dated 04.03.2022, 05.04.2022 and 20.05.2022 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. There shall be no order as to costs.

18.08.2022 Index : Yes / No Internet : Yes / No btr/lm To The Principal Secretary to Government, The Department of Animal Husbandry, Dairying, Fisheries and Fishermen Welfare, Fort St.George, Chennai-600 009.

3/4

M.S.RAMESH, J.

btr/lm Order made in W.P.(MD)No.18794 of 2022 Dated:

18.08.2022 4/4