Jeganathan S v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.22586 of 2025 S.Jeganathan : Petitioner Vs.

1. The Managing Director, Tamil Nadu State Marketing Corporation (TASMAC), 4th Floor, Cmda Tower-2, Gandhi Erwin Bridge Road, Egmore, Chennai.

2. The District Manager, Tamil Nadu State Marketing Corporation(TASMAC), Virudhunagar District, Virudhunagar.

3. The Supervisor, Retail Shop No.11840, Tamil Nadu State Marketing Corporation(TASMAC), Sivakasi, Virudhunagar District.

: Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents No.1 and 2 to reinstate the petitioner into the service as an supervisor in any one of the retail shop under the control of the 2nd respondent based on the petitioner's representation dated 04.11.2024 submitted to the respondents No.1 and 2.

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For Petitioner : Mr.P.Krishnasamy For Respondents : Mr.H.Arumugam

ORDER

This writ petition has been filed seeking a direction to the respondents 1 and 2 to reinstate the petitioner into the service as an supervisor in any one of the retail shop under the control of the 2nd respondent based on the petitioner's representation dated 04.11.2024.

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

3. The petitioner was appointed as Supervisor in the third respondent retail shop, which is under the control of the second respondent and he was placed under suspension for involving in vigilance and anti corruption case and disciplinary proceedings was also initiated against him. Subsequently, he was freed out of the charges vide order dated 02.09.2024. However, he is not reinstated into the service. Hence, the petitioner made a representation dated 04.11.2024 to the respondents seeking the aforesaid relief. Since the said representation 2/6

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 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 04.11.2024, 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. 3/6

6. 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 Managing Director, Tamil Nadu State Marketing Corporation (TASMAC), 4th Floor, Cmda Tower-2, Gandhi Erwin Bridge Road, Egmore, Chennai.

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M.DHANDAPANI, J.

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