N.Thangakumar v. The Government Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH N.Thangakumar ... Petitioner -vs1.The Government of Tamil Nadu, Rep. by the Secretary to the Government, Finance (Pay Cell) Department, Fort St. George, Chennai - 600009.
2.The District Collector, 3.The Sub Collector, Cheranmahadevi, Tirunelveli District.
4.The District Revenue Officer, 5.The Tahsildar, Ambasamuthiram, Tirunelveli District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 24.06.2025 and consequently, direct the respondents to disburse Hill Allowance and Winter Allowance to the petitioner for the periods
from 05.09.2019 to 01.09.2021 and 01.07.2023 to 29.06.2024 along with arrears within a time frame that may be stipulated by this Court. For Petitioner : Mr.R.Manojkumar For Respondents : Mr.S.R.A.Ramachandran Additional Government Pleader
ORDER
This Writ Petition has been filed seeking a direction to the respondents to consider the petitioner's representation dated 24.06.2025 and consequently, to direct the respondents to disburse the Hill Allowance and Winter Allowance to the petitioner for the periods from 05.09.2019 to 01.09.2021 and from 01.07.2023 to 29.06.2024, along with the arrears, 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, he is now serving as Village Administrative Officer (VAO) of Idaikal Part-II Village. He has rendered service in various remote and notified hill areas as per G.O.Ms.No.306, Finance (Pay Cell)
Department, dated 13.10.2017, but has not been paid the eligible Hill Allowance for the periods from 05.09.2019 to 01.09.2021 and from 01.07.2023 to 29.06.2024. Despite repeated representations and a recommendation by the third respondent, no action has been taken by the concerned authorities. It is, therefore, submitted that the respondents may be directed to consider the petitioner's representation dated 24.06.2025 and disburse the Hill Allowance and arrears, within a time frame as stipulated by this Court.
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 fifth respondent to consider the petitioner's representation dated 24.06.2025, on its own merits and pass appropriate orders in accordance with law, within a period of two months 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 fifth 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 Secretary to the Government of Tamil Nadu, Finance (Pay Cell) Department, Fort St. George, Chennai - 600009.
2.The District Collector, 3.The Sub Collector, Cheranmahadevi, Tirunelveli District.
4.The District Revenue Officer, 5.The Tahsildar, Ambasamuthiram, Tirunelveli District.
VIVEK KUMAR SINGH , J.
smn2 04.07.2025