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Madras High CourtWP(MD)/19830/2020disposed of

Sarojini.D v. The Chairman

2021-02-05Honourable Mr Justice M.S. Ramesh2 pages

W.P.(MD) No.19830 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.19830 of 2020 D.Sarojini

...Petitioner

Vs.

1.The Chairman Tamilnadu Grama Bank (TNGB), Head Office, 6, Yercaud Road, Hasthampatti,-PO, Salem-636 007.

2.The General Manager, Tamilnadu Grama Bank (TNGB), Head Office, 6, Yercaud Road, Hasthampatti-PO, Salem-636 007.

3.The Chief Manager, Tamilnadu Grama Bank (TNGB), Head Office, 6, Yercaud Road, Hasthampatti-PO, Salem-636 007.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to settle the legally entitled interest of all the terminal benefits as described above by considering the representation dated 26.11.2020 within a stipulated time.

For Petitioner : Mr.C.Masilamani For Respondents : Mr.N.Dilipkumar Standing Counsel

O R D E R

Since the petitioner's request to the respondents to settle the legally entitled interest of all the terminal benefits was not considered, the Writ Petition has been filed. According to the petitioner, he has made a representation in this regard on 26.11.2020, which is still pending.

2. 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 and direct them to consider the same within a stipulated time.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.19830 of 2020

3. In the light of the above observations, it would be appropriate to direct the second respondent herein to consider the petitioner's representation dated 26.11.2020, within a stipulated time and thereby the ends of justice could be secured. It is made clear that this Court has not expressed any of its view 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. 4.Accordingly, there shall be a direction to the second respondent to consider the petitioner's representation dated 26.11.2020, on its own merits and pass appropriate orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) NOTE:

In view of the present lock down owing to COVID19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To The General Manager, Tamilnadu Grama Bank (TNGB), Head Office, 6, Yercaud Road, Hasthampatti-PO, Salem-636 007.

+1 CC to M/s.N.DILIP KUMAR, Advocate ( SR-3810[F] dated 08/02/2021 ) W.P.(MD) No.19830 of 2020 05.02.2021 NA(CO) KB(22.02.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2