V.Sivathanu v. The Director Of Collegiate Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.21924 of 2025 and W.M.P.(MD) No.17015 of 2025 V.Sivathanu : Petitioner Vs.

1. The Director of Collegiate Education, Chennai - 600 006.

2. The Joint Director of Collegiate Education, Tirunelveli - 8.

3. Thiruvalluvar College, Rep. by its Secretary, Papanasam, Tirunelveli District 627 425.

: Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 3rd respondent to act on the representation dated 10.02.2025, 06.03.2025 and 05.04.2025 submitted by the petitioner and promote the petitioner as Superintendent from 01.07.2022 and forward the proposals to the 2nd respondent to enable to approve the same with all monetary and service benefits.

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For Petitioner : Mr.R.Krishnamoorthy For Respondents: Mr.T.Amjad Khan (R1 & R2) Government Advocate

ORDER

This writ petition has been filed seeking a direction to the 3rd respondent to act on the representations dated 10.02.2025, 06.03.2025 and 05.04.2025 submitted by the petitioner and promote the petitioner as Superintendent from 01.07.2022 and forward the proposals to the 2nd respondent to enable to approve the same with all monetary and service benefits.

2. Since no adverse order is proposed to be passed against the third respondent, notice to the third respondent is dispensed with and this writ petition is disposed at the stage of admission itself.

(*)3. The grievance of the petitioner is that the previous incumbent retired as Superintendent and the petitioner is working as 'incharge' superintendent. In this regard, the petitioner made representations to the respondents dated 10.02.2025, 06.03.2025 and 05.04.2025 to appoint him as Superintendent from 01.07.2022. Since the said representations were not considered till date, the petitioner has filed the present Writ Petition.

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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, 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 third respondent to consider the petitioner's representations dated 10.02.2025, 06.03.2025 and 05.04.2025, 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.

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6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- 12/08/2025 (*)Corrected as per order of this Court dated 20/08/2025 made in WP(MD)No. 21924 of 2025 Sd/- Assistant Registrar (Writs) // True Copy // / /2025 Sub Assistant Registrar(CS) Sm To:-

1. The Director of Collegiate Education, Chennai - 600 006.

2. The Joint Director of Collegiate Education, Tirunelveli - 8.

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3. Thiruvalluvar College, Rep. by its Secretary, Papanasam, Tirunelveli District 627 425.

+1 CC to M/s.SPL GP ( SR-51343[F] dated 13/08/2025 ) W.P.(MD) No.21924 of 2025 12.08.2025 MGJ (20.08.2025) 5 P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023 5/5