M.Nagarajan v. The Secretary To Government Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH M.Nagarajan ... Petitioner -vs1.The Secretary to Government of Tamil Nadu, Animal Husbandry Department, Fort St.George, Chennai - 600 009.

2.The Director, Animal Husbandry and Medical Services, DMS Compound, Nandanam, Chennai - 600 035.

3.The Joint Director, Animal Husbandry Department, Pudukkottai Region, Pudukkottai.

4.The Assistant Director, Animal Husbandry Department, Pudukkottai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to consider the petitioner's representation dated 12.02.2024 in the light of G.O.(Ms)No.60, Animal Husbandry, Dairying and Fisheries (AH7) Department, dated 24.04.2007.

For Petitioner : Mr.K.Kumaravel For Respondents : Mr.K.Balasubramani Special Government Pleader

ORDER

This Writ Petition has been filed seeking a direction to the second respondent to consider and pass orders on the petitioner's representation dated 12.02.2024, in the light of G.O.(Ms)No. 60, Animal Husbandry, Dairying and Fisheries (AH7) Department, dated 24.04.2007.

2. By consent, this Writ Petition is disposed of, at the admission stage itself.

3.According to the petitioner, having served as an Animal Husbandry Assistant and subsequently retired, he is entitled to 50% of the service period from his daily wage service in terms of G.O.(Ms)No.60, Animal Husbandry, Dairying and Fisheries (AH7) Department dated 24.04.2007. Despite submitting a representation dated 12.02.2024 by registered post, which was duly received by the respondents, no action or response has been forthcoming. Hence, the petitioner is compelled to approach this Court by way of 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 second respondent to consider the petitioner's representation dated 12.02.2024, 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 second 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 Government of Tamil Nadu, Animal Husbandry Department, Fort St.George, Chennai - 600 009.

2.The Director, Animal Husbandry and Medical Services, DMS Compound, Nandanam, Chennai - 600 035.

3.The Joint Director, Animal Husbandry Department, Pudukkottai Region, Pudukkottai.

4.The Assistant Director, Animal Husbandry Department, Pudukkottai.

VIVEK KUMAR SINGH , J.

smn2 04.07.2025