The Madurai Bench of Madras High Court, by consent, disposed of this writ petition praying for sanitation repairs. It directed the second respondent to consider the petitioner's representation within four weeks.
Direction to the second respondent to consider the petitioner's representation dated 08.04.2018 within four weeks.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.04.2018
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P.(MD)No.8085 of 2018
M.Pawankumar
: Petitioner
Vs.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing to the respondents herein to consider the petitioner's representation dated 20.03.2018 and 08.04.2018 and pass appropriate orders to repair of pay and use toilets in Tirunelveli Junction Central Bus Stand, Thatchanallur Region, Tirunelveli District within a time stipulated by this Court.
For Petitioner : Mr.R.Murugan For Respondents : Mr.Aayiram K.Selvakumar,
O R D E R
****************
By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
2.It is the grievance of the petitioner that his representation dated 08.04.2018 to do repair works in order to avoid sanitation problem has not been considered by the respondents till date and therefore, has filed the present writ petition.
3.This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or other. Non consideration of the same would amount to https://hcservices.ecourts.gov.in/hcservices/ dereliction of their ordinary duties of their office and as such this Court would be justified in invoking its powers under Article
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226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time.
4.In view of the limited prayer sought for in this writ petition, there shall be a direction to the second respondent to consider the petitioner's representation dated 08.04.2018 on its own merits and take further action in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.
5.With the above direction, this writ petition is disposed of. No costs.
Sd/-
Assistant Registrar (CS-II)
/True Copy/
Sub Assistant Registrar
To
MYR
TE/KKR/SAR-4 : 03/05/2018 : 2P/3C
W.P.(MD)No.8085 of 2018
13.04.2018
2 issues framed by the court
Whether the administrative authorities should be directed to consider the petitioner's representation regarding sanitation repairs.
Whether non-consideration of a statutory representation amounts to dereliction of duty.
M. Pawankumar
The Commissioner, Corporation Main Office, Tirunelveli
The Assistant Commissioner, Thatchanallur Region, Tirunelveli Muncipal Corporation
M.S. Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
