G.Balasundari v. The District Employment

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.07.2019

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.17308 of 2009 and MP.1 of 2009 G.Balasundari ..Petitioner Vs

1. The District Employment Officer, The District Employment Exchange Officer, Villupuram District.

2. Special Tahsildar, Adi Dravidar Welfare, Nanganeri.

.. Respondents Prayer:

Writ Petition is filed under Article 226 of the Constitution of India, seeking issuance of a writ of mandamus, directing the 1st respondent herein to accord priority to the petitioner herein in connection with the Employment Exchange Card bearing Registration No.W/18495/2008, dated 14.07.2008, as certified by the 2nd respondent herein in her Certificate bearing Na.Ka.A.No.51/09, dated 09.04.2009.

For Petitioner : Mr.Srinath Sridevan For Respondents : Mr.I.Sathish Additional Government Pleader

O R D E R

Heard Mr.Srinath Sridevan, learned counsel for the petitioner, Mr.I.Sathish, learned Additional Government Pleader for the respondents and perused the materials available on record.

2. This writ petition has been filed for issuance of writ of mandamus, to direct the first respondent to accord priority to the petitioner in connection with the Employment Exchange Card bearing Registration No.W/18495/2008, dated 14.07.2008,

certified by the second respondent vide Na.Ka.A.No.51/09, dated 09.04.2009.

3. According to the petitioner, her lands were acquired by the Government for certain public purposes and thereby, she deprived of her livelihood. By virtue of G.O.Ms.No.188 (P&AR), dated 28.12.1986, the petitioner is entitled to get priority in the Employment Exchange. Though, the second respondent has given a certificate of priority, it was not considered by the first respondent. Hence, the present writ petition.

4. The learned counsel for the petitioner would submit that it would suffice, if a direction is issued to the first respondent to consider the representation of the petitioner.

5. The learned Additional Government Pleader appearing for the respondents would submit that first respondent is ready to consider the representation of the petitioner on merits and in accordance with law.

6. In the light of the limited scope of prayer sought for in this writ petition and the submissions of the learned counsel on either side, this Court without going into the merits of the case, directs the first respondent to consider the representation of the petitioner dated 17.08.2009 and pass appropriate orders on merits and in accordance with law, after providing an opportunity of hearing to all necessary parties within a period of eight weeks from the date of receipt of a copy of this order.

7. With the above direction, the writ petition is disposed of. However, there shall be no order as to costs. Connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ms To

1. The District Employment Officer, The District Employment Exchange Officer, Villupuram District.

2. The Special Tahsildar, Adi Dravidar Welfare, Nanganeri.

+1cc to the Government Pleader, S.R.No.61207 W.P.No.17308 of 2009 MP(CO) CS/17/09/2019