Muthulakshmi.P v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.20831 of 2022 P.Muthulakshmi ... Petitioner -Vs1.The State of Tamil Nadu, Rep. by its Secretary to Government, Forest and Environment Department, Secretariat, Chennai-600 009.

2.The Principal Chief Conservator of Forests, Panagal Building, Saidapet, Chennai-600 015.

3.The Deputy Director, Srivilliputhur Megamalai Tiger Sanctuary, 4.The Forest Range Officer, Social Forest Range, 1/6

Virudhunagar District, Virudhunagar.

5.The Divisional Forest Officer, Social Forest Division Office, District Collectorate Complex, Virudhunagar, Virudhunagar District.

6.The Forest Extension Officer, Forest Extension Division, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents to grant appointment on compassionate ground to the petitioner on the basis of the petitioner's S.S.L.C., and Diploma in Electronics and Communication Engineering qualifications, considering the petitioner's applications dated 13.01.2022 and 22.08.2022 within a time limit to be fixed by this Court.

For Petitioner : Mr.T.Sakthikumaran For Respondents : Mr.R.Suresh Kumar, Additional Government Pleader.

2/6

ORDER

By consent of both the parties, this Writ Petition is taken up for final disposal.

2.The petitioner herein had given representations to the respondents on 13.01.2022 and 22.08.2022, seeking for appointment on compassionate ground to the petitioner on the basis of her S.S.L.C., and Diploma in Electronics and Communication Engineering qualifications. Since the said representations were 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. 3/6

4.In the light of the above observations, there shall be a direction to the second respondent herein to consider the petitioner's representations dated 13.01.2022 and 22.08.2022, on 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. 02.09.2022 Index : Yes / No Internet : Yes / No Myr / Rmk TO:

1.The Secretary to Government, State of Tamil Nadu, Forest and Environment Department, Secretariat, Chennai-600 009.

4/6

2.The Principal Chief Conservator of Forests, Panagal Building, Saidapet, Chennai-600 015.

3.The Deputy Director, Srivilliputhur Megamalai Tiger Sanctuary, 4.The Forest Range Officer, Social Forest Range, Virudhunagar District, Virudhunagar.

5.The Divisional Forest Officer, Social Forest Division Office, District Collectorate Complex, Virudhunagar, Virudhunagar District.

6.The Forest Extension Officer, Forest Extension Division, 5/6

M.S.RAMESH, J.

Myr / Rmk Order made in W.P.(MD)No.20831 of 2022 Dated:

02.09.2022 6/6