Selvi.P v. The Additional Chief Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.08.2022
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH P.Selvi ... Petitioner Vs.
1.The Additional Chief Secretary to Government, St. George Fort, Secretariat, Chennai.
2.The Director General of Police, Office of the Director General of Police, Chennai.
3.The Deputy Inspector General of Police, Dindigul Range, Dindigul.
4.The Superintendent of Police, Office of the Superintendent of Police, Dindigul.
... 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 name for the post of Special Sub Inspector of Police based upon the petitioner's representation, dated 06.06.2022. 1/5
For Petitioner : Mr.K.Anbumanikandan For Respondents : Mr.M.Siddhartharthan Additional Government Pleader
O R D E R
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 06.06.2022 seeking to consider the petitioner's name for the post of Special Sub Inspector of Police. 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, 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 Constitution of India 2/5
and direct them to consider the same within a stipulated time.
4. In the light of the above observations, there shall be a direction to the second respondent herein to consider the petitioner's representation dated 06.06.2022 on its own merits and pass appropriate orders in accordance with law, within a period of eight (8) weeks 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. No costs.
24.08.2022 Index : Yes / No Speaking Order/ Non Speaking Order TM To 3/5
1.The Additional Chief Secretary to Government, St. George Fort, Secretariat, Chennai.
2.The Director General of Police, Office of the Director General of Police, Chennai.
3.The Deputy Inspector General of Police, Dindigul Range, Dindigul.
4.The Superintendent of Police, Office of the Superintendent of Police, Dindigul.
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M.S.RAMESH,J.
TM 24.08.2022 5/5