Madras High CourtWP(MD)/20604/2022disposed of

Arumukham.K v. The Joint Director Of Higher Secondary Education

2022-09-02Honourable Mr Justice M.S. Ramesh2 pages

WP(MD)No.20604 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.20604 of 2022 K.Arumukham ... Petitioner /vs./ The Joint Director of Higher Secondary Education, Directorate of School Education, Nungambakkam, Chennai-600 006.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent herein to consider and pass orders on the petitioner's representation dated 06.11.2021 within a time frame as fixed by this Court.

For Petitioner : M/s.M.Padmavathy For Respondent : Mr.A.Kannan Additional Government Pleader

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 second respondent on 06.11.2021 requesting to promote him as Physical Director Grade-I and other consequential monetary benefits. 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 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 respondent herein to consider the petitioner's https://www.mhc.tn.gov.in/judis 1/2

WP(MD)No.20604 of 2022 representation dated 06.11.2021 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.

Sd/- Assistant Registrar(CS-I) // True Copy // /10/2022 Sub Assistant Registrar(CS) Cp To The Joint Director of Higher Secondary Education, Directorate of School Education, Nungambakkam, Chennai-600 006.

+1 CC to M/s.SPL.GP ( SR-43367[F] dated 06/09/2022 ) Order made in W.P.(MD) No.20604 of 2022 02.09.2022 SI(03.10.2022) 2P 3C https://www.mhc.tn.gov.in/judis 2/2