Neelakandan v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.01.2025

CORAM:

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

The District Registrar, O/o. The District Registrar of Societies, Vandikarai Street, Ramanathapuram, Ramanathapuram District.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent to take on file the Form VII submitted by the petitioner by considering the petitioner's representation dated 04.12.2024 within the time that may be stipulated by this Court.

For Petitioner : Mr.M.Mahaboob Athiff For Respondent : Mr.M.Sarangan Additional Government Pleader 1/4

ORDER

This writ petition has been filed seeking for a direction to the respondent to take on file the Form VII submitted by the petitioner by considering the petitioner's representation dated 04.12.2024 within the time that may be stipulated by this Court.

2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. Heard the learned counsel on both sides and carefully perused the entire materials available on record.

4. The petitioner made a representation dated 04.12.2024 to the respondent to take on file the Form VII submitted by the petitioner, in view of the election which was conducted on 08.09.2024. Since the same has not been considered, this writ petition has been filed.

5. 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 2/4

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.

6. In view of the same, this Court, without going into the merits of the case, direct the respondent to consider the petitioner's representation dated 04.12.2024 and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of copy of this order.

7. With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs.

02.01.2025 NCC : Yes / No Index : Yes / No Sm TO:- The District Registrar, O/o. The District Registrar of Societies, Vandikarai Street, Ramanathapuram, Ramanathapuram District.

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L.VICTORIA GOWRI, J.

Sm Order made in Dated 02.01.2025 4/4