S.Karunanidhi, v. Bharat Heavy Electricals Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :07.09.2022 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR S.Karunanidhi, S/o.G.Sambandam ..Petitioner Vs.

1. Bharat Heavy Electricals Limited, (A Government of India Undertaking Boiler Auxiliaries Plant rep. by the Executive Director (HR-RX, RMX, TDX & GAX) Ranipet - 632 406.

2. The District Collector, Collectorate, Ranipet - 632 401

3. The District Revenue Officer, Collectorate, Ranipet - 632 401.

4. The Tahsildhar, Walajah Taluk, Walajah, Ranipet District.

...

Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for Writ of Mandamus, directing the 1st respondent to consider the

petitioner's representation dated 12.06.2019 seeking employment under the category of land loser and pass necessary orders. For Petitioner : Mr. P.Mani For Respondents : Mr.John Zacharia for M/s.Fox Mandal and Associates [R1] Mr.K.Tippu Sulthan Government Advocate [R2 to R4]

ORDER

The prayer sought for herein is for a writ of mandamus to direct 1st respondent to consider the petitioner's representation dated 12.06.2019 seeking employment under the category of land loser and pass necessary orders.

2. The petitioner's land, which according to him is an agricultural land, to the extent of 0.10 acres in S.No.147/7, Mukundarayapuram Village, Wallajah Taluk, Ranipet District was acquired for the project of the first respondent industry and according to the scheme, which was in vogue, atleast one person of the family, where the land was acquired for the project of the first respondent would be considered for employment.

3. Though such a scheme was in progress, where many number of land holders, whose lands have been acquired for the project have been benefited, according to the petitioner, no such benefit has been extended to him and in this regard, the petitioner on 12.06.2019 has given a representation to the first respondent seeking a job on compassionate ground under the category of land loser to his daughter one Yogalakshmi, who completed B.E., ECE and the said representation since has not been considered, the petitioner has approached this Court by filing the present writ petition.

4. Heard Mr.P.Mani, learned counsel appearing for the petitioner, who having reiterated the aforesaid would seek indulgence of this Court to issue a direction to the first respondent to consider the representation of the petitioner dated 12.06.2019 on merits and in accordance with law within a time frame that may be stipulated by this Court.

5. Per contra, Mr.John Zacharia, learned counsel appearing for the first respondent, on instructions, would submit that there was a committee already constituted in this regard by the orders of this Court to

look into these plea come from the land holders whose lands have been acquired by the land acquisition authority for the project of the first respondents some time in 1983 and those committee having completed the task was dissolved and therefore, as of now there is no authority for the first respondent to consider the request of the petitioner, which is admittedly only given on 12.06.2019, since there was a belated representation now has been made, the same has not been considered and decided in favour of the petitioner.

6. I have considered the said submission made by the learned counsel appearing for both sides and have perused the materials placed before this Court.

7. Be that as it may. A representation has been given by the petitioner whose land has been admittedly acquired for the project of the first respondent, where there was a scheme to provide employment to one of the family member of each families whose lands have been acquired for the said project and under the scheme so many of them have been benefited and in this regard the petitioner has come forward to seek such

benefit by giving his representation, this Court feels that, a quietus be given to the said plea raised by the petitioner by considering the said representation and disposed of it on merits and in accordance with law.

8. In that view of the matter, this Court is inclined to dispose of this writ petition with the following orders:

That there shall be a direction to the first respondent to consider the representation of the petitioner dated 12.06.2019 and pass orders thereon on merits and in accordance with law within a period of eight(8) weeks from the date of receipt of a copy of this order.

With this direction, this writ petition is disposed of accordingly. No costs.

07.09.2022 Index : Yes/No Internet:Yes/No mp

R.SURESH KUMAR.J, mp To

1. Bharat Heavy Electricals Limited, (A Government of India Undertaking Boiler Auxiliaries Plant rep. by the Executive Director (HR-RX, RMX, TDX & GAX) Ranipet - 632 406.

2. The District Collector, Collectorate, Ranipet - 632 401

3. The District Revenue Officer, Collectorate, Ranipet - 632 401.

4. The Tahsildhar, Walajah Taluk, Walajah, Ranipet District.

07.09.2022