T.Pargunan v. The Director Of Municipal Administration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.21123 of 2025 T.Pargunan : Petitioner Vs.

1. The Director of Municipal Administration, Chennai 600 028.

2. The Commissioner, Paramakudi Municipality, Ramanathapuram District.

: Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to review and revoke the Petitioner's suspension vide Order dated 04.02.2025 by considering the representation dated 05.07.25 within the time frame stipulated by this Court.

For Petitioner : Mr.G.Prabhu Rajadurai For Respondents : Mr.S.R.A.Ramachandhran (R1) Additional Government Pleader 1/4

ORDER

This writ petition has been filed seeking a direction to the respondents to review and revoke the petitioner's suspension vide Order dated 04.02.2025, by considering the representation dated 05.07.25.

2. Considering the nature of the order proposed to be passed in this writ petition, notice to the second respondent is dispensed with and this writ petition is taken up for final disposal at the stage of admission itself.

3. The petitioner, who has been working as Town Planning Officer Grade II, was implicated in a criminal case on the allegation of corruption. Pursuant to the same, he was also suspended from service. Even after a period of six months, the respondents have not reviewed the suspension order. Hence, the petitioner made a representation to the respondents dated 05.07.2025 seeking the aforesaid relief. Since the said representation was not considered till date, 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 2/4

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 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 05.07.2025, 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.

6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. 20.08.2025 Index : Yes / No NCC : Yes / No Sm 3/4

M.DHANDAPANI, J.

Sm To:-

1. The Director of Municipal Administration, Chennai 600 028.

W.P.(MD) No.21123 of 2025 20.08.2025 4/4