Palanivelu.A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.18923 of 2022 A.Palanivelu ... Petitioner /vs./ 1.The District Collector, Thanjavur District.

2.The Personal Assistant to Collector (Development) Thanjavur District Collectorate, Thanjavur District.

3.The Commissioner, Thiruvaiyaru Panchayat Union, Thiruvaiyaru Taluk, Thanjavur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents 1 to 3 to consider the petitioner's representation dated 12.04.2022 and grant all the service and monetary benefits within a time stipulated by this Court. For Petitioner : Mr.M.Vivek For Respondents : Mr.G.Suryaananth (for R1 & R2) Additional Government Pleader 1/4

Mr.C.Baskaran (for 3) Government Advocate

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 12.04.2022 seeking to provide all the service and monetary benefits. 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 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 respondents herein to consider the petitioner's representation dated 12.04.2022 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 respondents to consider the same on its own merits.

5.With the above direction, the Writ Petition stands disposed of. No costs. 22.08.2022 Index : Yes / No Internet : Yes / No Rmk To 1.The District Collector, Thanjavur District.

2.The Personal Assistant to Collector (Development) Thanjavur District Collectorate, Thanjavur District.

3.The Commissioner, Thiruvaiyaru Panchayat Union, Thiruvaiyaru Taluk, Thanjavur District.

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M.S.RAMESH, J.

Rmk Order made in W.P.(MD) No.18923 of 2022 Dated:

22.08.2022 4/4