Chinnadurai S v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.22574 of 2025 S.Chinnadurai : Petitioner Vs.

1. The Secretary, Commercial Tax and Registration Department, Government of Tamilnadu, Secretariat, Fort St.George, Chennai.

2. The Inspector General Registration, Office of the Inspector General of Registration, No.100, Santhome High Road, Chennai.

3. The District Registrar (Administration), Office of the District Registrar, Dindigul District, Dindigul.

4. The District Registrar (Administration), Office of the District Registrar, Periyakulam, Theni District.

: Respondents 1/6

P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to pay Rs.1,16,733/- with accrued and subsequent interest as per the proceeding in Ka.No.2660/MuthaP4/Aa1/2021-2 dated 05.02.2021 in accordance with law within the time stipulated by this Court. For Petitioner : Mr.S.Malaikani For Respondents : Mr.S.Saji Bino Special Government Pleader

ORDER

This writ petition has been filed seeking a direction to the respondents to pay Rs.1,16,733/- with accrued and subsequent interest as per the proceedings dated 05.02.2021 in Ka.No.

2660/MuthaP4/Aa1/2021-2 in accordance with law within the time stipulated by this Court.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. When the petitioner was employed as Sub Registrar, recovery order was passed due to certain loss for not collecting necessary stamp 2/6

duty and registration fees. However, with regard to certain documents, the respondents have recovered the said amount from the concerned party and accordingly, the second respondent also sent a communication to the government recommending the government to pay the said amount to the petitioner. However, the same has not been paid till date. Hence, the petitioner made several representations, finally on 10.05.2025 seeking the aforesaid relief. Since the same has not been considered till date, the petitioner came before this Court.

4. The learned counsel appearing for the petitioner submits that though the aforesaid relief has been sought for by the petitioner, now, he confines the prayer that it would suffice if the representation submitted by the petitioner dated 10.05.2025 is disposed of in accordance with law.

5. 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, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in 3/6

invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

6. In the light of the above observations, there shall be a direction to the first respondent to consider the petitioner's representation dated 10.05.2025, on its own merits and pass appropriate orders in accordance with law, within a period of six weeks 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.

7. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. 19.08.2025 Index : Yes / No NCC : Yes / No Sm 4/6

To:-

1. The Secretary, Commercial Tax and Registration Department, Government of Tamilnadu, Secretariat, Fort St.George, Chennai.

2. The Inspector General Registration, Office of the Inspector General of Registration, No.100, Santhome High Road, Chennai.

3. The District Registrar (Administration), Office of the District Registrar, Dindigul District, Dindigul.

4. The District Registrar (Administration), Office of the District Registrar, Periyakulam, Theni District.

5/6

M.DHANDAPANI, J.

Sm W.P.(MD) No.22574 of 2025 19.08.2025 6/6