C.Kalayanasundaram, v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.03.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.10012 of 2016 & W.M.P.Nos.8959 & 8960 of 2016 C.Kalyanasundaram ... Petitioner Vs.
1. The Secretary to Government, State of Tamilnadu, Revenue Department, Secretariat, Chennai - 600 009.
2. The Principal Secretary and Commissioner of Revenue Administration, Ezhilagam, Chennai - 600 005.
3. The District Collector, Madurai District, Madurai.
... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the proceedings of the 3rd respondent in Na.Ka. No.250/2015/Pa.aa1 dated 08.07.2015 and consequential recommendation to the 2nd respondent in Na.
Ka.
No.250/2015/Pa.aa1 dated 30.12.2015 and quash the same and consequentially direct the 1st and 2nd respondents to promote the petitioner to the post of Tahsildhar by placing the petitioner in the panel of Tahsildhar in the year of 2010 with all consequential seniority benefit and consequential promotion to the post of Deputy Collector as per the order of seniority in the panel of Tahsildhar for the year 2010 with all monitory benefit as available to the promotional posts. For Petitioner : M/s.K.M.Vijayan Associates For Respondents : Mr.P.Chinnadurai Additional Government Pleader
ORDER
The prayer made in this writ petition is to issue a Writ of Certiorarified Mandamus to call for the records relating to the proceedings of the 3rd respondent dated 08.07.2015 and the consequential recommendation dated 30.12.2015 sent to the 2nd
respondent and quash the same and consequently, direct the respondents 1 and 2 to promote the petitioner to the post of Tahsildhar by placing him in the panel for the year 2010 and thereafter, promote him to the post of Deputy Collector, with all benefits available to the promotional posts. 2.Today, when the matter was taken up for consideration, the learned Additional Government Pleader appearing for the respondents, on instructions, submitted that subsequent to the filing of this writ petition, the petitioner has been promoted and hence, nothing survives for adjudication. 3.Conceding the aforesaid submission made by the learned Additional Government Pleader appearing for the respondents, the learned counsel for the petitioner submitted that the candidature of the petitioner has not been considered for consequential promotion and hence, he may be granted liberty to approach the respondent authorities by way of fresh representation, for which there is no serious objection on the side of the respondents.
4.In view of the above submission made by the learned counsel for the petitioner, which has not been seriously opposed on the side of the respondents, the petitioner is granted liberty to approach the respondent authorities by way of fresh representation pointing out all his grievances within a period of two weeks from the date of receipt of a copy of this Order. On such approach, the respondent authorities shall consider the same and pass appropriate orders, on merits and in accordance with law, within a period of six weeks thereafter. 5.Accordingly, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vrc To
1. The Secretary to Government, State of Tamilnadu, Revenue Department, Secretariat, Chennai - 600 009.
2. The Principal Secretary and Commissioner of Revenue Administration, Ezhilagam, Chennai - 600 005.
3. The District Collector, Madurai District, Madurai.
+1cc to Mr.K.M.Vijayan, Advocate, S.R.No. 21162 W.P.No.10012 of 2016 RGN(CO) GN(02/07/2021)