Malarkodi vs The District Collector
2022 Latest Caselaw 11085 Mad

                                                                             WP(MD)No.11544 of 2022

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                       DATED: 24.06.2022

                                                           CORAM:

                                      THE HONOURABLE MR.JUSTICE M.S.RAMESH

                                                 W.P.(MD)No.11544 of 2022
                                                           and
                                             W.M.P.(MD)Nos.8172 & 8173 of 2022

                 Malarkodi                                                       ... Petitioner
                                                             /vs./

                 1.The District Collector,
                   Trichy District, Trichy.

                 2.The Revenue Divisional Officer,
                   Lalgudi,
                   Trichy District.                                              ... Respondents

                 PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
                 issuance of Writ of Mandamus, directing the 2nd respondent to review the order of
                 suspension passed in his proceedings RC.A1/4114/2021 dated 19.12.2021 in the
                 light of the Honble Apex Court Judgment reported in 2015 3 CTC 119 (Ajay
                 Kumar Choudhary Vs.Union of India and others).


                                  For Petitioner   :   Mr.T.Lenin Kumar
                                  For Respondents :    Mr.A.Sivanupandian
                                                       Government Advocate

                 1/4

https://www.mhc.tn.gov.in/judis
                                                                                  WP(MD)No.11544 of 2022

                                                          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

16.05.2022 seeking for review of the order of suspension passed in proceedings

RC.A1/4114/2021 dated 19.12.2021. Since the said representation was not

considered, the present writ petition has been filed.

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.

https://www.mhc.tn.gov.in/judis WP(MD)No.11544 of 2022

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

respondent herein to consider the petitioner's representation dated 16.05.2022 on

its own merits and pass appropriate orders in accordance with law, within a period

of four (4) weeks 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.

5.With the above direction, the Writ Petition stands disposed of. No costs.

Consequently, connected Miscellaneous Petitions are closed.

24.06.2022 Index : Yes / No Internet : Yes / No sm

TO:

1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Lalgudi, Trichy District.

https://www.mhc.tn.gov.in/judis WP(MD)No.11544 of 2022

M.S.RAMESH, J.

Sm

Order made in W.P.(MD)No.11544 of 2022

Dated:

24.06.2022

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