A.Senthurpandian vs The Principal Secretary
2023 Latest Caselaw 15162 Mad

Madras High Court

A.Senthurpandian vs The Principal Secretary on 28 November, 2023

Author: M.S.Ramesh

Bench: M.S. Ramesh

                                                                                      W.P.No.33333 of 2023

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 28.11.2023

                                                            CORAM:

                                   THE HONOURABLE MR. JUSTICE M.S. RAMESH

                                                     W.P.No.33333 of 2023

                     A.Senthurpandian
                     S/o.M.Ayeraramu                                                  ...Petitioner

                                                                Vs

                     1.           The Principal Secretary
                                  Commercial Taxes and
                                  Registration Department
                                  Government of Tamil Nadu
                                  Secretariat, St.George Fort
                                  Chennai.

                     2.           Inspector General of Registration
                                  Santhome High Road
                                  Chennai.                                            ...Respondents

                                  Writ Petition filed under Article 226 of the Constitution of India to
                     issue a Writ of Mandamus, to direct the respondents to consider the
                     representation dated 10.08.2023 given by the writ petitioner to the
                     respondents.
                                        For Petitioner      :        Mr.A.Navaneetha Krishnan
                                                                     Senior Counsel
                                        For Respondent      :        Mr.P.Ganesan
                                                                     Government Advocate

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                                                                                      W.P.No.33333 of 2023




                                                           ORDER

Mr.P.Ganesan, learned Government Advocate accepts notice for

respondents. With the consent of both the parties, this Writ Petition is

taken up for final disposal at the admission stage itself.

2. The petitioner herein has given a representation to the

respondents on 10.08.2023, seeking to fix his seniority as per the

direction of the judgment of the Hon'ble Supreme Court which is

applicable to SC, ST and MBC candidates. Since the said representation

has not been considered till date, 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 them 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

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

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 respondents herein, to consider the petitioner's representation dated

10.08.2023, on its own merits and pass appropriate orders in accordance

with law, within a period of six (6) 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.

28.11.2023 Index:Yes/No Speaking order/Non-speaking order Neutral Citation : Yes/No

mk

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

M.S.RAMESH,J.

mk To

1. The Principal Secretary Commercial Taxes and Registration Department Government of Tamil Nadu Secretariat, St.George Fort Chennai.

2. Inspector General of Registration Santhome High Road Chennai.

28.11.2023

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