Senthil .S v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2022

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH and W.M.P(MD)No.14612 and 14613 of 2022 S.Senthil ... Petitioner Vs.

1.The Commissioner, Adi Dravidar Welfare Department, Chennai.

2.The District Adi Dravidar & Tribal Welfare Officer, Trichy District.

... Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus, calling for the entire records pertaining to the order passed by the first respondent vide her proceeding in R.C.No.C4/9683/2022-2 dated 02.04.2022 and quash the same and consequently, reinstate the petitioner into the service so as to serve as Tutor 1/5

cum Warden in Dr.Ambadkar Adi Dravidar Welfare Boys College Hostel, Subramaniapuram, Trichy District.

For Petitioner : Mr.R.Anand For Respondents : Mr.G.Suriyananth Additional Government Pleader

O R D E R

By consent of both the parties, this writ petition is taken up for final disposal.

2.Though the prayer sought for in this writ petition is larger in nature, the learned Counsel for the petitioner confines the prayer to consider the petitioner's representation dated 12.04.2022. The learned Additional Government Pleader appearing for the respondents has no serious objection for the same.

3.The petitioner herein had given a representation to the first respondent on 12.04.2022 seeking for reinstatement him into service. Since the said 2/5

representation was not considered, the present writ petition has been filed. 4.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. 5.In the light of the above observations, there shall be a direction to the first respondent herein to consider the petitioner's representation dated 12.04.

2022 on its own merits and pass appropriate orders in accordance with law, within a period of two (2) 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.

6.With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

30.08.2022 Index : Yes / No Speaking Order/ Non Speaking Order cp To 1.The Commissioner, Adi Dravidar Welfare Department, Chennai.

2.The District Adi Dravidar & Tribal Welfare Officer, Trichy District.

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M.S.RAMESH,J.

cp 30.08.2022 5/5