Padmapriya v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.09.2023

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Padmapriya ... Petitioner Vs.

1.The District Collector, Sivagangai.

2.The Tahsildar, Thiruppavanam Taluk.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 to give the petitioner the compassionate appointment in the office of the 2nd respondent by disposing the petitioner's application, dated 11.08.2023. For Petitioner : Mr.R.Suriyanarayan For Respondents : Mr.M.Prakash Additional Government Pleader

ORDER

The present writ petition has been filed seeking direction to the respondents 1 and 2 to give the petitioner the compassionate appointment in the 1/4

office of the 2nd respondent by disposing the petitioner's application, dated 11.08.2023.

2. The petitioner's husband was worked as Village Administrative Officer, Thirupachethi North Group, Tiruppuvanam Taluk Sivagangai District. While in service, he died on 25.12.2022. He was survived by the petitioner and his 2 minor children. The petitioner made a representation to the respondents seeking to appoint her on compassionate ground on 11.08.2023. However, the same was not considered.

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 respondent 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, nonconsideration of the representation made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India. 2/4

4. Without going into the merits of the case, this Court direct the respondents to consider the representation made by the petitioner on 11.08.2023 and pass appropriate orders in accordance with law within a period of sixteen (16) weeks from the date of receipt of a copy of this order.

5. Accordingly, this Writ Petition stands disposed of. No costs. 14.09.2023 NCC : No Index : No Internet : No gbg To 1.The District Collector, Sivagangai.

2.The Tahsildar, Thiruppavanam Taluk.

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L.VICTORIA GOWRI, J.

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