Ramesh R v. The Commissioner Of Sugar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH R.Ramesh ... Petitioner -vs1.The Commissioner of Sugar, Tamil Nadu Sugar Corporation Limited, 2nd Floor, Aavin Illam, 3-A, Pasumpon Muthuramalinganar Salai, Chennai - 600 035.
2.The Managing Director, The Cheyyar Co-Operative Sugar Mills Limited, Anakkavoor - Thenthandalam, Cheyyar, Tiruvannamalai District - 604 401.
3.The Managing Director, The Thirupattur Co-operative Sugar Mills Limited, Kethandapatti, Tirupathur District - 635 815.
4.The Managing Director, The National Co-operative Sugar Mills Limited, 15B, Mettupatti, Madurai District - 625 501.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to direct the respondents
3 and 4 to disburse the gratuity amount due to the petitioner along with interest, by considering the petitioner's representation dated 12.06.2025, within time stipulated by this Court.
For Petitioner : Mr.G.Karthik for M/s.Roy and Roy Associates
ORDER
This Writ Petition has been filed seeking a direction to the first respondent to direct the respondents 3 and 4 to disburse the gratuity amount due to the petitioner, along with interest, by considering the petitioner's representation dated 12.06.2025, within a time frame to be stipulated by this Court.
2. By consent, this Writ Petition is disposed of, at the admission stage itself.
3. According to the petitioner, despite having rendered long years of service in respondent mills and having retired voluntarily on 05.11.2022, the gratuity amounts of Rs.9,35,200/- and Rs.4,28,000/- respectively due to him from the respondents 4 and 3 have not been disbursed till date and despite a representation dated 12.06.2025 seeking such disbursal, no action has been taken. Hence, the present Writ Petition.
4. Heard both sides.
5. 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, 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.
6. In the light of the above observations, there shall be a direction to the first respondent to consider the petitioner's representation dated 12.06.2025, on its own merits and pass appropriate orders in accordance with law, within a period of two weeks 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 first respondent to consider the same on its own merits.
7. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. NCC : Yes / No 04.07.2025 Index : Yes / No smn2 To:- 1.The Commissioner of Sugar, Tamil Nadu Sugar Corporation Limited, 2nd Floor, Aavin Illam, 3-A, Pasumpon Muthuramalinganar Salai, Chennai - 600 035.
2.The Managing Director, The Cheyyar Co-Operative Sugar Mills Limited, Anakkavoor - Thenthandalam, Cheyyar, Tiruvannamalai District - 604 401.
3.The Managing Director, The Thirupattur Co-operative Sugar Mills Limited, Kethandapatti, Tirupathur District - 635 815.
4.The Managing Director, The National Co-operative Sugar Mills Limited, 15B, Mettupatti, Madurai District - 625 501.
VIVEK KUMAR SINGH , J.
smn2 04.07.2025