Devasagayam v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.01.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.1446 of 2020 Devasagayam Petitioner vs.

1. The District Collector, Collectorate, Dharmapuri 636 705.

2. The Special Tahsildar, Adi Dravida Welfare-cum-Land Acquisition Officer, Taluk Officer, Dharmapuri - 636 701.

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 16.09.2019 to issue the preference certificate for job opportunity in the TNEB for the petitioner's daughter. For Petitioner : Mr.V.R.Annagandhi For Respondents: Mr.P.S.Sivashanmuga Sundaram Special Government Pleader

O R D E R

This writ petition has been filed for issuance of writ of mandamus directing the respondents to consider the representation made by the petitioner and issue preference certificate for job opportunity.

2.it is seen from records that the land belonging to family members of the petitioner was acquired in a land acquisition that took place in the year 1964-65. It is the claim of the petitioner that the respondents had promised to give preference certificate in order to enable the legal heirs of the family whose land were acquired, to be given priority in job opportunity. The petitioner made a representation in the year 2019 seeking for preference certificate for his daughter. Since the same was not considered, the present writ petition has been filed seeking for appropriate directions.

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3.Heard Mr.V.R.Annagandhi, learned counsel appearing on behalf of the petitioner and Mr.P.S.Sivashanmuga Sundaram, learned Special Government Pleader appearing on behalf of the respondents.

4.Taking into consideration the facts and circumstances of the case and also of the fact that the preference certificate is being sought for after nearly 55 years after the land was acquired, this Court is not inclined to entertain the claim made by the petitioner. The claim made by the petitioner is liable to be rejected on the ground of delay. Such priority cannot be kept alive for ages and there is a purpose behind issuing priority certificate in land acquisition cases. No useful purpose will be served in directing the respondents to consider the representation made by the petitioner. This Court does not find any merits in this petition and accordingly the same is dismissed. No Costs.

Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar ssr To

1. The District Collector, Collectorate, Dharmapuri 636 705.

2. The Special Tahsildar, Adi Dravida Welfare-cum-Land Acquisition Officer, Taluk Officer, Dharmapuri - 636 701.

3. The Public Prosecutor, High Court, Madras.

+1 cc to Government Pleader sr5719 +1 cc to Mr.V.R.Annagandhi Advocate sr5087 W.P No.1446 of 2020 aa26/02/2020 https://hcservices.ecourts.gov.in/hcservices/