A.Sudha v. The Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2020
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.26120 of 2019 A.Sudha ... Petitioner /vs./ 1.The Director, Directorate of Technical Education,(DOTE) 53, Sardar Patel Road, Guindy, Chennai-600 025.
2.The Principal and Squard, Annamalai Polytechnic College, Chettinadu Karaikudi, Sivagangai District-630 102.
3.The Managing Trustee, St.Michael Educational and Charitable Trust, Having Administrative Office at No.4/726, Mahalakshmi Nagar 3rd Street, Moondru Mavadi, K.Pudur, Madurai-625 007.
4.The Correspondent, St.Michael Polytechnic College, Kalaiyar Kovil-630 551.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the first and the second respondents to instruct the respondents 3 and 4 to return the original certificates obtained from the petitioner at the time of reporting duty in the said college on 18.09.2009 based on the petitioner's representation dated 04.11.2019 and within the stipulated time.
For Petitioner : Mr.C.Ezhilarasu For R-1 : Mr.C.M.Marichellaiah Prabhu, Additional Government Pleader.
For R-2 : Mr.V.Panneerselvam 1/3
ORDER
The limited prayer sought for by the petitioner is that to consider her representation dated 04.11.2019 seeking a direction to direct the first and second respondents to instruct the third and the fourth respondents to return the Original Certificates obtained from the petitioner at the time of reporting duty in the said college on 18.09.2009.
2. Whenever a representation is made to a statutory authority to redress the claim of the petitioner, there is a duty cast upon the respondents to consider the same on its own merit and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. Such an inaction would amount to dereliction of duties and thereby this Court would be justified in invoking its extraordinary powers under Article 226 of Constitution of India and thereby direct such authority to consider the representation within the stipulated time.
3. In view of the above observations, there shall be a direction to the third respondent herein to consider the petitioner's representation dated 04.11.2019 on its own merits and pass appropriate orders within a period of one (1) week from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its view with regard to the claim made by the petitioner in his representation and it is for the respondents to consider it in accordance with law.
4. With the above directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(P & A) // True Copy // / /2020 Sub Assistant Registrar(CS) Ns To 1.The Director, Directorate of Technical Education,(DOTE) 53, Sardar Patel Road, Guindy, Chennai-600 025.
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2.The Principal and Squard, Annamalai Polytechnic College, Chettinadu Karaikudi, Sivagangai District-630 102.
3.The Managing Trustee, St.Michael Educational and Charitable Trust, Having Administrative Office at No.4/726, Mahalakshmi Nagar 3rd Street, Moondru Mavadi, K.Pudur, Madurai-625 007.
4.The Correspondent, St.Michael Polytechnic College, Kalaiyar Kovil-630 551.
+1 CC to M/s.V.PANNEER SELVAM, Advocate ( SR-7901[F] dated 24/02/2020 ) +1 CC to M/s.C.EZHILARASU, Advocate ( SR-7881[F] dated 24/02/2020 ) Order made in W.P.(MD) No.26120 of 2019 Dated:24.02.2020 AL(CO) TR(26.02.2020) 3P 7C 3/3