S.M.Palani v. The Commanding Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.7.2018

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.A.No.1246 of 2018 S.M.Palani .... Appellant/Petitioner

Versus

1 The Commanding Officer INS RAJALI Naval Air Base Camp Post Arakonam 631 006 2 The President Board Constituted for Selection of Candidates of Land Losers INS RAJALI Naval Air Base Camp Post Arakonam 631 006 3 The District Collector O/o.The District Collector Vellore North Arcot Ambedkar District Vellore 4 The Tahsildar Unit V Land Acquisition Naval Air Station Ranipet Vellore District ... Respondents/Respondents Prayer: Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 14.12.2017 passed in W.P.No.16269 of 2015 on the file of this court.

Writ Petition filed Under Article 226 of the Constitution of India seeking for issuance of Writ of Mandamus to direct the respondents to give employment to petitioner as per the selection made in 270/7C/03 dt 20.10.2014 by the 1st respondent for the post of Civilian Motor Driver.

For appellant : Mr.K.V.Ananthakrishnan For RR3 and 4 : Mr.P.S.Sivashanmugasundaram Special Government Pleader

JUDGMENT

(Judgment of the court was made by M.DHANDAPANI, J.) The intra-court appeal is filed by the writ petitioner challenging the order passed by the learned Single Judge in dismissing the writ petition.

2. The case of the appellant/writ petitioner is that his grandmother Kamalammal was one of the the victims of the land acquisition initiated for the purpose of Naval Air Station at Arakkonam and the appellant/writ petitioner, claiming the relative of the land-loser, sought for the benefit of employment to one of the family members of the land-losers in the light of G.O.Ms.No.1244 Revenue M1 department and though his name was found in the third list prepared in that regard, his name was subsequently rejected and therefore, he had come up with the writ petition.

3. Having heard the learned counsel appearing for the parties and perused the order passed by the learned Single Judge, we find that in para 7 of the order, the learned Single Judge has observed the fact that the name of the appellant/writ petitioner was rejected on the ground that the nephew of the land owner Kamalammal viz., one R.Jayachandran was already offered employment in the year 1993 and therefore, the claim of the appellant/writ petitioner cannot be accepted. The learned Single Judge has rightly held that the appellant/writ petitioner, without challenging the said appointment of R.Jayachandran or filing any criminal complaint against him to the effect that the said Jayachandran had forged and got employment snatching away his right, is not entitled to succeed in the writ petition.

4. We do not find any reason to interfere with the well reasoned order passed by the learned Single Judge. Accordingly, the writ appeal is dismissed. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar

ssk.

To:

1 The District Collector O/o.The District Collector Vellore North Arcot Ambedkar District Vellore 2 The Tahsildar Unit V Land Acquisition Naval Air Station Ranipet Vellore District +1cc to Mr.K.V.Ananthakrishnan, Advocate Sr.45255 +1cc to the Government Pleader Sr.45382 W.A.No.1246 of 2018 sr[co] srg 27/08/2018