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Madras High CourtWP/2002/2023disposed of

R.Chandran v. The Commissioner

2023-01-27Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2023 C O R A M THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH R.Chandran ... Petitioner Vs.

1. The Commissioner, Salem City Municipal Corporation, Salem-636 001.

2. The commissioner of Municipal Administration, No.75, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai-600 028.

3. The Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai-600 009. ... Respondents PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus or any other werit or order or direction, directing the 1st Respondent to consider and pass orders on the representation of the Petitioner submitted on 14.12.2022, within a reasonable period as may be fixed by this Hon'ble Court.

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For Petitioner : M/s.T.Ranganathan For Respondents : Ms.N.Devi, Standing Counsel for R1 : Mrs. M.Jayanthi, Additional Government Pleader for R2 & R3 - - - - -

O R D E R

This Writ Petition has been filed for the issuance of Writ of Mandamus directing the respondents to consider the representation made by the petitioner on 14.12.2022 wherein the petitioner has referred to the earlier application submitted on 16.09.1992 seeking for alteration of date of birth from 10.05.1964 to 11.08.1965.

2. Heard T.Ranganathan, learned counsel appearing for the petitioner, Ms.N.Devi, learned Standing Counsel for the first respondent and Mrs. M.Jayanthi, learned Additional Government Pleader for the second and third respondents.

3. The petitioner was appointed as a Health Assistant in the Salem City Municipal Corporation on 05.07.1989. Subsequently, the petitioner was re-designated as a Sanitary Inspector. The petitioner found that his date of birth 2/6

has been wrongly entered in the service of records and hence he submitted an application on 16.09.1992 for alteration of the date of birth from 10.05.1964 to 11.08.1965. According to the petitioner, this application was duly forwarded to the director of Municipal Administration by the Commissioner of Salem Municipality through proceedings dated 18.09.1992.

4. The grievance of the petitioner is that his application was not acted upon and hence, the petitioner made a representation dated 14.12.2022 in this regard. Since the same was not considered by the respondent, the present Writ Petition has been filed before this Court seeking for appropriate orders.

5. Taking into consideration the limited relief sought for in this Writ Petition and without going into the merits of the case, there shall be a direction to the 1st respondent to act upon the representation made by the petitioner on 14.12.2022 and based on the earlier application submitted on 16.09.1992 and take a decision within a period of six weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the 1st respondent with all the relevant documents along with a copy of this order. 3/6

6. This Writ Petition is disposed of with the above direction. No Costs. 27.01.2023 Speaking Order/Non-Speaking Order.

Internet : Yes/No.

Index: Yes/No.

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To

1. The Commissioner, Salem City Municipal Corporation, Salem-636 001.

2. The commissioner of Municipal Administration, No.75, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai-600 028.

3. The Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai-600 009.

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N. ANAND VENKATESH, J.

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