Disposed

E.Selvan, v. the Senior Regional Manager

Madras HC20 Nov 2023WP/18880/2023

Case brief

AI extract

What is this about?

This writ petition sought a mandate to compel the TASMAC authorities to consider a transfer application submitted by the petitioner. The Court directed the respondents to resolve the representation on merits within eight weeks without prejudging the claim.

What did the court decide?

Direction to the first respondent to consider the petitioner's representation regarding transfer of Shop No. 3415, Maikelpalayam on merits and pass orders within eight weeks.

E.Selvan, Vs the Senior Regional Manager — Service and Employment | Madras HC (2023)

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W.P.No.18880 of 2023

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THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 20.11.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE M.S.RAMESH

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W.P.No.18880 of 2023

E.Selvan

...Petitioner

-Vs-

The Senior Regional Manager, TASMAC, Coimbatore.

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The District Manager/Sub-Collector, TASMAC Limited, Erode District.

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...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 1^st respondent to implement the order of the 2^nd respondent in Ref.Na.Ka.No.1900/2022/R1 dated 19.12.2022.

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For Petitioner : Mr.B.Gopalakrishnan

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For Respondents : Mr.M.Sekar Standing Counsel

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ORDER

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Heard Mr.B.Gopalakrishnan, learned counsel for the petitioner and

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Mr.M.Sekar, learned Standing Counsel for the respondents.

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W.P.No.18880 of 2023

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The petitioner herein has given several representations to the respondents and the latest representation was on 05.03.2023 to the second respondent, seeking to transfer the petitioner to Shop No.3415, Maikelpalayam, Anthiyur Taluk, Erode District. Since the said representations were not considered, the present writ petition has been filed.

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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 respondent 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.

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In the light of the above observations, there shall be a direction to the first respondent to consider the representation of the petitioner dated 05.03.2023, seeking to transfer him to Shop No. 3415, Maikelpalayam, Anthiyur Taluk, Erode

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W.P.No.18880 of 2023

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District on its own merits and pass appropriate orders in accordance with law, within a period of eight 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 respondents to consider the same on its own merits.

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With the above direction, the writ petition is disposed of. No costs.

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20.11.2023

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Index:Yes/No Internet:Yes/No sr

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The Senior Regional Manager, TASMAC, Coimbatore.

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The District Manager/Sub-Collector, TASMAC Limited, Erode District

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W.P.No.18880 of 2023

M.S.RAMESH,J.

W.P.No.18880 of 2023

20.11.2023

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E.Selvan, v. the Senior Regional Manager

Case brief

What is this about?

What did the court decide?

E.Selvan, v. the Senior Regional Manager

Case brief

What is this about?

What did the court decide?

What the court decided

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