Raveendran .S.S v. The Principal Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2022

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH S.S.Raveendran ... Petitioner Vs.

1.The Principal Secretary to Government, Revenue Department, Secretariat, Chennai-600 009.

2.The Additional Chief Secretary/Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai-600 005.

3.The District Collector, Madurai District, Madurai.

... Respondent PRAYER : Writ petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the first and second respondents (I.e.,) the Principal Secretary to Government, Revenue Department, Chennai and the Additional Chief Secretary/Commissioner of Revenue Administration, Chennai to pass appropriate orders on the petitioner's representation dated 1/5

18.10.2021 regarding the payment of retirement benefits of the petitioner within a specified time frame that may be fixed by this Court. For Petitioner : Mr.S.Visvalingam For Respondents : Mr.K.S.Selvaganesan Additional Government Pleader

O R D E R

By consent of both the parties, this writ petition is taken up for final disposal.

2. The petitioner herein had given a representation to the respondent on 18.10.2021, to grant retirement benefits to him.

3. 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 the respondents 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 Constitution of India 2/5

and direct them to consider the same within a stipulated time.

4. In the light of the above observations, there shall be a direction to the respondent herein to consider the petitioner's representation dated 18.10.2021, on its own merits and pass appropriate orders in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioner and that it is open to the respondents to consider the same on its own merits.

5. With the above direction, the Writ Petition stands disposed of. No costs.

28.07.2022 Index : Yes / No Speaking Order/ Non Speaking Order ssb 3/5

To 1.The Principal Secretary to Government, Revenue Department, Secretariat, Chennai-600 009.

2.The Additional Chief Secretary/Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai-600 005.

3.The District Collector, Madurai District, Madurai.

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M.S.RAMESH,J.

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