Madras High CourtWP(MD)/24793/2019disposed of

J.Akbar Ali v. The District Collector

2020-01-29Honourable Mr Justice A.D.Jagadish Chandira3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.01.2020

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA W.P.(MD)No. 24793 of 2019 J. Akbar Ali ... Petitioner Vs.

1. The District Collector, Pudukkottai, Pudukkottai District.

2. The Superintendent of Police, Pudukkottai, Pudukkottai District.

3. The District Educational Officer, District Education Office, Pudukkottai.

4. The District Child Welfare Officer, O/o. Child Welfare, Maraimalai Nagar, Ram Nagar, Pudukkottai District.

5. The Inspector of Police, Town Police Station, Pudukkottai District.

6. Revathy ... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondents 1 to 5 to dispose the petitioners representation, dated 11.04.2019 and 13.04.2019 and take necessary action against the 6th respondent.

For Petitioner : M/s.R. Baalasundharam For R-1 to 5 : Mrs.S. Bharathi, Government Advocate (crl. Side) For R-6 : Mr. K. Vinayagam

ORDER

This writ petition has been filed to direct the respondents 1 to 5 to dispose the petitioner representations, dated 11.04.2019 and 13.04.2019 and take necessary action against the 6th respondent.

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2. It is the grievance of the petitioner is that he has submitted a representations, dated 11.04.2019 and 13.04.2019, which have not been considered by the respondents-1 to 5 till date and therefore, he has filed the present writ petition.

3. This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time.

4. In view of the limited prayer sought for in this writ petition and without going into the merits of the case, there shall be a direction to the respondents-1 to 5 to consider the petitioner representations, dated 11.04.2019 and 13.04.2019 on its own merits and take further action in accordance with law, within a period of Eight Weeks from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioner and to the rival parties if any.

5. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(AD-I) // True Copy // / /2020 Sub Assistant Registrar(CS) ksa To

1. The District Collector, Pudukkottai, Pudukkottai District.

2. The Superintendent of Police, Pudukkottai, Pudukkottai District.

3. The District Educational Officer, District Education Office, Pudukkottai.

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4. The District Child Welfare Officer, O/o. Child Welfare, Maraimalai Nagar, Ram Nagar, Pudukkottai District.

5. The Inspector of Police, Town Police Station, Pudukkottai District.

6. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.BAALASUNDARAM, Advocate ( SR-3877[F] dated 30/01/2020 ) +1 CC to M/s.K.VINAYAGAM, Advocate ( SR-3841[F] dated 30/01/2020 ) W.P.(MD)No. 24793 of 2019 29.01.2020 MR(CO) TR(17.02.2020)3P 9C 3/3