V.Soundarapandiyan vs The Secretary To Government
2022 Latest Caselaw 9417 Mad

                                                                              W.P.No.13585 of 2022


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 01.06.2022

                                                    CORAM:

                                  THE HONOURABLE MR. JUSTICE M.S. RAMESH

                                               W.P.No.13585 of 2022

                  V.Soundarapandiyan                                       ... Petitioner

                                                        Vs.

                  1.The Secretary to Government,
                    Revenue Department,
                    Fort St. George,
                    Chennai - 600 009.

                  2.The District Collector,
                    Chengalpattu District,
                    Chengalpattu.

                  3.The Revenue Divisional Officer,
                    Chengalpattu, Chengalpattu District.

                  4.The Tahsildar,
                    Thirukazhukundram Taluk Office,
                    Chengalpattu District.                                 ... Respondents

                  PRAYER: Writ Petition filed under Article 226 of the Constitution of India to
                  issue a Writ of Mandamus, directing the respondents to revise the petitioner
                  appointment as Junior Assistant with effect from his initial appointment along
                  with back wages and other monetary benefits in the light of judgments in
                  W.P.(MD).No.69          of    2010,      W.P.(MD).No.3642        of       2011,

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                                                                                  W.P.No.13585 of 2022


                  W.P.(MD).Nos.13354, 13355 of 2013, W.P.(MD).No.18651 of 2021,
                  W.P.No.4523 of 2022 and W.P.No.15057 of 2011, within a time frame as
                  may be stipulated by this Hon'ble Court.

                                  For Petitioner     : Mr.P.Murali

                                  For Respondents : Mr.P.Sathish
                                                    Additional Government Pleader


                                                        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 second

respondent on 01.12.2021 seeking for appointment as Junior Assistant with

effect from his initial appointment along with back wages and other monetary

benefits. 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

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W.P.No.13585 of 2022

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 the 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

second respondent herein to consider the petitioner's representation dated

01.12.2021 on its own merits and pass appropriate orders in accordance with

law, 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 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.

01.06.2022 Speaking/Non-speaking order Index:Yes/No

Sni/Vsi2

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

W.P.No.13585 of 2022

M.S.RAMESH,J.

Sni

To

1.The Secretary to Government, Revenue Department, Fort St. George, Chennai - 600 009.

2.The District Collector, Chengalpattu District, Chengalpattu.

3.The Revenue Divisional Officer, Chengalpattu, Chengalpattu District.

4.The Tahsildar, Thirukazhukundram Taluk Office, Chengalpattu District.

W.P.No.13585 of 2022

01.06.2022

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