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Madras High CourtWP(MD)/26892/2019disposed of

M.Devendran v. The Principal Secretary To Government

2019-12-18Honourable Mr Justice M.S. Ramesh2 pages

W.P.(MD)No.26892 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.26892 of 2019 M.Devendran ... Petitioner /vs./ The Principal Secretary to Government, Handlooms, Handicrafts, Textiles and Khadi Department, Secretariat, Chennai-600 009.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondent i.e., the Principal Secretary to Government, Handlooms, Handicrafts, Textiles and Khadi Department, Chennai to pass appropriate orders on the petitioner's review petition dated 07.10.2019 within a prescribed time frame that may be fixed by this Court. For Petitioner : Mr.S.Visvalingam For Respondent : Mr.R.Sethuraman Special Government Pleader

ORDER

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

2. The limited prayer sought for the petitioner is that to consider the petitioner's review petition dated 07.10.2019 and pass appropriate order.

3. Whenever a representation/petition is made to a statutory authority to redress the claim of the employee, 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/petition within the stipulated time.

4. In view of the above observations, there shall be a direction to the respondent herein to consider the petitioner's review petition dated 07.10.2019 on its own merits and pass appropriate orders within a period of three months 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.26892 of 2019 the petitioner in his representation and it is for the respondents to consider it in accordance with law.

5. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) rmk To The Principal Secretary to Government, Handlooms, Handicrafts, Textiles and Khadi Department, Secretariat, Chennai-600 009.

+1 CC to M/s.S.VISVALINGAM, Advocate ( SR-105530[F] dated 18/12/2019 ) +1 CC to M/s.SPL.GP ( SR-105995[F] dated 19/12/2019 ) Order made in W.P.(MD)No.26892 of 2019 Dated:

18.12.2019 KK/SAR/28.01.2020/2P-4C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2