IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.01.2011 CORAM: THE HONOURABLE MR.JUSTICE VINOD K.SHARMA W.P. No.19708 of 2009 J.Murugesan .. Petitioner. Vs. 1. The Secretary to Government (then holding the post of The Chairman of the Tamil Nadu Water Supply and Drainage Board) Municipal Administration and Water Supply Dept., F.S.G., Chennai-600 009. 2. The Chairman and Managing Director & The Board of Directors of the Tamil Nadu Water Supply and Drainage Board, Chennai – 600 005. .. Respondents. Writ petition is filed under Article 226 of Constitution of India for the issuance of a writ of Mandamus, directing the first respondent to dispose of the petitioner's Memorial (Mercy Petition) dated 23.05.2005 on merits . For Petitioner : Mr.A.L.Namasivayam For Respondents : Mrs.S.Sudarsana Sundar for R2 O R D E R The petitioner seeks a writ in the nature of Mandamus to direct the first respondent to dispose of Memorial Petition, submitted by the petitioner under Regulation 25 of the Tamil Nadu Water Supply and Drainage Board Employees' (Discipline and Appeal) Regulations, 1972. 2. The case of the petitioner is that order of punishment awarded to the petitioner, was challenged by him by filing statutory appeal, which was also rejected. Thereafter, by invoking provisions of Regulations 25, the petitioner submitted a Memorial, terming it as Mercy Petition before the Board Even though over more than five years have elapsed, no decision has been taken thereon, till date. 3. Learned counsel for the respondents contends that the memorial was barred by limitation and even otherwise, the memorial https://hcservices.ecourts.gov.in/hcservices/ was filed in the form of Mercy Petition, therefore, the matter could not be put before the Board. 4. The stand of the learned counsel for the respondents cannot be accepted. When there is a regulation, providing right to an employee to file memorial, the Board is, under statutory obligation, to consider it and dispose it of in accordance with law. 5. The facts stated above show that there is a legal right with the petitioner and corresponding duty on respondent to decide the memorial in accordance with law. The writ petition is allowed. The first respondent is directed to dispose of the memorial, filed by the petitioner, in accordance with law, within a period of three months from the date of receipt of certified copy of this order. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ar To 1. The Secretary to Government Municipal Administration and Water Supply Dept., Fort St.George., Chennai-600 009. 2. The Chairman and Managing Director & The Board of Directors of the Tamil Nadu Water Supply and Drainage Board, Chennai – 600 005. 1 cc To Mr.A.L.Namasivayam, Advocate, SR.4287 1 cc To Mrs.S.Sudarsana Sundar, Advocate, SR.4292 W.P. No. 19708 of 2009 gg(co) pmk.25.1.2011 https://hcservices.ecourts.gov.in/hcservices/