S.Perumal v. The Government Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.23070 of 2025 S.Perumal : Petitioner Vs.
1. The Government of Tamil Nadu, Through its Principal Secretary, Water Resources Department, Secretariat, Fort St.George, Chennai 600 009.
2. The Engineer in Chief (Water Resource Organisation), and Chief Engineer (General), Public Works Department, Chepauk, Chennai-600 009.
3. The Chief Engineer (Water Resource Department), Madurai Region, Madurai.
4. The Executive Engineer (Water Resource Department), Periyar Vaigai Basin Division Madurai 2.
: Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to regularize the services of the petitioner for having completed 10 years of 1/6
service and accordingly grant the pay fixation and seniority with effect from 01.06.2008 and to pay the actual monetary benefits with consequent effect from the date of completion of 10 years of service. For Petitioner : Mr.E.Satheesh For Respondents : Mr.K.Balasubramani Special Government Pleader
ORDER
This writ petition has been filed seeking a direction to the 1st respondent to regularize the services of the petitioner for having completed 10 years of service and accordingly grant the pay fixation and seniority with effect from 01.06.2008 and to pay the actual monetary benefits with consequent effect from the date of completion of 10 years of service
2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
3. When the matter is taken up for hearing, the learned counsel appearing for the petitioner submits that though the aforesaid relief has 2/6
been sought for by the petitioner, now, he confines the prayer that it would suffice if the representation submitted by the petitioner dated 24.07.2025 is disposed of in accordance with law.
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 24.07.2025, 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. 3/6
6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. 26.08.2025 Index : Yes / No (5/10) NCC : Yes / No Sm 4/6
To:-
1. The Principal Secretary, Water Resources Department, Secretariat, Fort St.George, Chennai 600 009.
2. The Engineer in Chief (Water Resource Organisation), and Chief Engineer (General), Public Works Department, Chepauk, Chennai-600 009.
3. The Chief Engineer (Water Resource Department), Madurai Region, Madurai.
4. The Executive Engineer (Water Resource Department), Periyar Vaigai Basin Division Madurai 2.
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M.DHANDAPANI, J.
Sm W.P.(MD) No.23070 of 2025 (5/10) 26.08.2025 6/6