Priyadharshini. D v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.19618 of 2022 D.Priyadharshini ... Petitioner /vs./ The District Collector, Karur, Karur District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondent to consider the petitioner's representation dated 09.05.2022 to provide employment on compassionate ground to the petitioner in any entry level post by considering the indigent circumstances of the petitioner in furtherance of proceedings dated 31.05.2022 and 08.07.2022 issued by the respondent within the period that may be stipulated by this Court.

For Petitioner : Mr.Md.Suhail for M/s.Ajmal Associates For Respondent : Mr.M.Siddharthan Additional Government Pleader 1/4

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 respondent on 09.05.2022 seeking for an employment on compassionate ground, in lieu of the death of her father, who was working as Personal Assistant in the Department under the Tamil Nadu Government. 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 respondent herein to consider the petitioner's representation dated 09.05.2022on 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 respondent to consider the same on its own merits.

5.With the above direction, the Writ Petition stands disposed of. No costs. 25.08.2022 Index : Yes / No Internet : Yes / No sm TO:

The District Collector, Karur, Karur District.

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M.S.RAMESH, J.

Sm Order made in W.P.(MD)No.19618 of 2022 Dated:

25.08.2022 4/4