M.Annamalai v. The Chief Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :19.02.2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.3467 of 2019 M.Annamalai .. Petitioner ..vs..

1.The Chief Engineer, Spl (I/C), 144, Annasalai, Chennai - 600 002.

2.The Superintending Engineer, (Civil) Mettur Thermal Power Station, Mettur Dam.

3.The Chief Engineer/Personnel (I/c), 144, Anna Salai, Chennai - 600 002.

..Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ Mandamus, directing the respondents 1 and 2 to consider the petitioner's representation dated 26.11.2018 seeking employment assistance to any one of the sons of the petitioner as per the proceedings in Letter No.044773/256/G.64/G641/2002-2007 dt:06.01.2014 issued by the 3rd respondent.

For Petitioner : Mr.R.Subramanian For Respondents : Mr.Anand Gopalan for M/s.T.S.Gopalan & co.

O R D E R

The grievances of the writ petitioner is that the respondents acquired the land belongs to the family of the writ petitioner, the land was acquired during the year 2004 and the name of the writ petitioner is to be considered for providing appointment under the Priority Category.

2. The learned counsel for the writ petitioner states that when the cases of other similarly placed persons were considered by the respondents, the writ petitioner alone is not considered for providing appointment in the Board.

3. The learned counsel appearing on behalf of the respondent disputes the contentions by stating that the land was https://hcservices.ecourts.gov.in/hcservices/

acquired during the year 2004 and now after this length of time, more specifically after a lapse of 14 years, the contention raised by the writ petitioner cannot be considered and this apart, the land belongs to the writ petitioner was not acquired for the purpose of handing over the same to the Electricity Board. Thus, the writ petitioner is not entitled to claim any priority category under the land losers Scheme for the purpose of securing appointment in the Board. When the writ petitioner is not at all eligible, the Board is not inclined to consider the case of the writ petitioner.

4. However, this Court is of an opinion that all these factors shall be verified by the Competent Authorities with reference to the files concern. The respondents are directed to consider the representation submitted by the writ petitioner and pass orders on merits and in accordance with law as expeditiously as possible and preferably within a period of 12 weeks from the date of receipt of a copy of this order.

5. Accordingly, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS-V) //True Copy// Sub Assistant Registrar Pns To 1.The Chief Engineer, Spl (I/C), 144, Annasalai, Chennai - 600 002.

2.The Superintending Engineer, (Civil) Mettur Thermal Power Station, Mettur Dam.

3.The Chief Engineer/Personnel (I/c), 144, Anna Salai, Chennai - 600 002.

+1cc to Mr.R.Subramanian, Advocate, S.R.No. 15329 +1cc to Mr.T.S.Gopalan & Co, Advocate, S.R.No. 15396 W.P.No.3467 of 2019 LN(CO) GN(25/03/2019) https://hcservices.ecourts.gov.in/hcservices/