Disposed

L.Symon v. the Government of Tamilnadu

Madras HC22 Nov 2023WP/27680/2023

Case brief

AI extract

What is this about?

This court, with consent of both parties, disposed of a writ petition filed under Article 226 of the Constitution. The petitioner sought a direction for the Depot Manager to act on a representation byJuly 2022. The court directed the respondent to consider the representation on merits within three months without expressing views on the merits of the claim.

What did the court decide?

Direction to respondents to consider petitioner's representation dated 15.07.2022 within three months.

L.Symon Vs the Government of Tamilnadu — Service and Employment | Madras HC (2023)

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W.P.No.27680 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 22.11.2023

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CORAM

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THE HONOURABLE MR.JUSTICE M.S.RAMESH

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W.P.No.27680 of 2023

L.Symon

... Petitioner

Vs.

The Government of Tamil Nadu, Rep. by the Secretary to Government, Transport Department, Fort St.George,

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Chennai – 600 009.

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The Depot Manager, State Express Transport Corporation Limited, Pallavan Salai, Chennai – 600 002. ... Respondents

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Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue Writ of Mandamus, directing the second respondent to take action on the petitioner's representation dated 15.07.2022 and dispose of the same within the time stipulated fixed by this Hon'ble Court.

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For Petitioner : Mr. V.Tamilamudhu For R1 : Mr. V.P.R.Elamparthi, Additional Government Pleader

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Page 1 of 4

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

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W.P.No.27680 of 2023

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: Mr.L.S.M.Hasan Fizal, Standing Counsel O R D E R

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For R2

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With the consent of both the parties, this Writ Petition is taken up for

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final disposal.

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2. The prayer sought for in this Writ Petition is for a direction to the respondents to consider the petitioner's representation dated 15.07.2022.

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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 invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

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4. In the light of the above observations, there shall be a direction to the respondents herein to consider the petitioner's representation dated

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Page 2 of 4

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

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W.P.No.27680 of 2023

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15.07.2022, on its own merits and pass appropriate orders in accordance

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with law, within a period of three months from the date of receipt of a copy

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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.

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

costs.

22.11.2023

skr

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

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The Secretary to Government of Tamil Nadu, Transport Department, Fort St.George, Chennai – 600 009.

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The Depot Manager, State Express Transport Corporation Limited, Pallavan Salai,

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Chennai – 600 002.

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Page 3 of 4

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

W.P.No.27680 of 2023

M.S.RAMESH, J.

skr

W.P.No.27680 of 2023

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22.11.2023

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Page 4 of 4

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

L.Symon v. the Government of Tamilnadu

Case brief

What is this about?

What did the court decide?

L.Symon v. the Government of Tamilnadu

Case brief

What is this about?

What did the court decide?

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