K.Geetha vs The Government Of Tamil Nadu
2022 Latest Caselaw 13300 Mad

                                                                            WP(MD)No.16163 of 2022

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 25.07.2022

                                                      CORAM:

                                  THE HONOURABLE MR.JUSTICE M.S.RAMESH

                                           W.P.(MD)No.16163 of 2022

                 K.Geetha                                                      ... Petitioner

                                                       /vs./

                 1.The Government of Tamil Nadu,
                   Represented by its Secretary,
                   Highways Department,
                   Secretariat,
                   Chennai-9.

                 2.The Director General (Highways),
                   Highways Department,
                   Sardar Patel Road, HRS Campus,
                   Guindy,
                   Chennai-25.

                 3.The Tamil Nadu Public Service Commission,
                   Represented by its Secretary,
                   TNPSC Road,
                   Chennai-600 003.                                            ... Respondents

                 PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
                 issuance of Writ of Mandamus, directing the first respondent to consider the
                 petitioner request in question of delay, laches, acquiescence and accrued right in

                 1/5

https://www.mhc.tn.gov.in/judis
                                                                               WP(MD)No.16163 of 2022

                 terms of judgment rendered in K.Raja Vs. Addl. Chief Secretary to Government
                 reported in 2019 (6) CTC 750 based on the petitioner's representation with regard
                 to seniority, dated 16.10.2020, and thus render justice.


                                  For Petitioner   :   Mr.Raja.Karthikeyan
                                  For R-1 & R-2    :   Mrs.D.Farjana Ghoushia
                                                       Special Government Pleader

                                  For R-3          :   Mr.J.Anand Kumar
                                                       Standing Counsel


                                                          ORDER

By consent of both the parties, this Writ Petition is taken up for final

disposal.

2. The petitioner herein had given a representation to the respondents on

16.10.2020 seeking to consider the petitioner's request in question of delay,

laches, acquiescence and accrued right in terms of judgment rendered in K.Raja

Vs. Addl. Chief Secretary to Government reported in 2019 (6) CTC 750. Since

the said representation was not considered, the present Writ Petition has been

filed.

https://www.mhc.tn.gov.in/judis WP(MD)No.16163 of 2022

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 respondents 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, non-

consideration of the representation by the Statutory Authority would amount to

dereliction of duty and hence, this Court will be justified in invoking its

extraordinary powers under Article 226 of Constitution of India and direct them

to consider the same within a stipulated time.

4. In the light of the above observations, there shall be a direction to the

first and second respondents herein to consider the petitioner's representation

dated 16.10.2020 on its own merits and pass appropriate orders in accordance

with law, within a period of three (3) 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 views with

regard to the merits of the claim of the petitioner and that it is open to the

concerned respondent to consider the same on its own merits.

https://www.mhc.tn.gov.in/judis WP(MD)No.16163 of 2022

5. With the above direction, the Writ Petition stands disposed of. There

shall be no order as to costs.

25.07.2022 Index : Yes / No Internet : Yes / No btr

To

1.The Secretary, The Government of Tamil Nadu, Highways Department, Secretariat, Chennai-9.

2.The Director General (Highways), Highways Department, Sardar Patel Road, HRS Campus, Guindy, Chennai-25.

3.The Secretary, The Tamil Nadu Public Service Commission, TNPSC Road, Chennai-600 003.

https://www.mhc.tn.gov.in/judis WP(MD)No.16163 of 2022

M.S.RAMESH, J.

btr

Order made in W.P.(MD)No.16163 of 2022

Dated:

25.07.2022

https://www.mhc.tn.gov.in/judis