Muthupandi M v. The Principal Secretary / Commissioner Of Revenue

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.19520 of 2025 1.M.Muthupandi 2.P.Ramalingam 3.R.Deivendran 4.M.Palanivelrajan ... Petitioners -vs1. The Principal Secretary / Commissioner of Revenue Administration, Chepauk, Chennai - 600 005.

2. The District Collector, Collectorate Campus, Kanyakumari District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to consider the petitioners for the post of Deputy Tashildar recruitment by transfer from post of Senior Revenue Inspector by carried over SC/ST backlog vacancy in Serial No. 176, 182, 186 and 192 as per revised penal notification of the year 2021 dated 27.06.2024 by the 2nd respondent / District Collector, Kanyakumari and in light of Rule 27(f) of Tamil Nadu Government Servants (Conditions of Service) Act 2016 and in circular no. 2/2022 dated 02.06.2022 issued by the 1st respondent, considering the petitioners' representation dated 01.04.2025 within the time stipulated by this Court.

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For Petitioners : Mr.I.Pinaygash For Respondents : Mr.K.Balasubramani Special Government Pleader

ORDER

This writ petition has been filed seeking a direction to the respondents to consider the petitioners for the post of 'Deputy Tashildar' by recruitment transfer from the post of 'Senior Revenue Inspector' by carrying over SC/ST backlog vacancies in Serial No. 176, 182, 186 and 192, as per revised penal notification of the year 2021 dated 27.06.2024 issued by the 2nd respondent and also in the light of Rule 27(f) of Tamil Nadu Government Servants (Conditions of Service) Act, 2016 and in Circular No.2/2022 dated 02.06.2022 issued by the 1st respondent, by considering the petitioners' representation dated 01.04.2025 within the time stipulated by this Court.

2. By consent of both parties, this writ petition is disposed at the stage of admission itself.

3. The petitioners are working as 'Senior Revenue Inspector' and they belong to Scheduled caste community. According to the petitioners, they are 2/6

fully deserved for the recruitment by transfer for the post of 'Deputy Tahsildar' by carrying over the vacancy as per the revised penal notification of the year 2021 dated 27.06.2024 issued by the 2nd respondent and also in the light of Rule 27(f) of Tamil Nadu Government Servants (Conditions of Service) Act 2016 and in Circular No.2/2022 dated 02.06.2022 issued by the 1st respondent. Hence, the petitioners made a representation dated 01.04.2025 to the respondents in this regard. Since the said representation was not considered, the petitioner has filed the present Writ Petition.

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 him 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 the 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 to consider the petitioner's representation dated 01.04.2025, 3/6

on its own merits and pass appropriate orders in accordance with law, within a period of two months from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits.

6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. 17.07.2025 NCC : Yes/No (2/2) Index : Yes / No sm 4/6

TO:-

1. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Sivagangai, Sivagangai District.

2. The Executive Officer / Fit Person, Hindu Religious and Charitable Endowment Department, Arulmighu Muthu Vaduganatha Swami Temple, Singampunari, Sivagangai District.

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VIVEK KUMAR SINGH, J.

sm Order made in W.P.(MD)No.19520 of 2025 (2/2) Dated:

17.07.2025 6/6