K.M. Yavvana Rani v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 19.08.2020
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P. NO.32731 of 2013 K.M.Yavvana Rani .. Petitioner - Vs - 1.The State of Tamil Nadu, Rep. By its Secretary to Government, Industries Department, Fort. St. George, Chennai -9.
2.The General Manager, Bharat Heavy Electricals Limited Boiler Auxiliaries Plant Ranipet-632 406, Vellore District.
3.The Dy.General Manager(H.R) Bharat Heavy Electricals Limited Boiler Auxiliaries Plant Ranipet-632 406, Vellore District 4.The District Collector Vellore District .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Mandamus, directing the respondents to consider, select and appoint the petitioner to any suitable and available vacancies in the 2nd respondent undertaking, by taking into account of the petitioner's educational qualification, in the displaced families category, as per G.O.Ms.No.87, Industries Department Dated 27.01.1981.
For Petitioner :M/S.C.K.Chandrasekkar For Respondents :Mr.P.Chinnadurai, A.G.P. For RR1 & 4 :Sivanthy for M/S. Fox Mandal Associates for RR 2 & 3
ORDER
The case of the petitioner is that the petitioner's land was acquired by the respondents for the purpose of construction of BHEL company. Accordingly the Government issued G.O.Ms.No.87, dated 27.07.1981 for giving the benefit of employment to such of those persons, whose lands have been acquired . To avail such benefit the petitioner made a representation on 15.09.2012. However, till date it has not been considered by the respondents. Hence, the present writ petition. 2.Though very many grounds have been raised in the writ petition, however, when the matter is taken up, learned counsel appearing for the petitioner submitted that it would suffice, if this Court issues a direction to the 1st respondent to consider the petitioner's representation dated 15.09.2012 and to pass appropriate orders therein.
3. Learned counsel appearing for the respondents submitted that the very same issue was decided by the Hon'ble Division Bench this Court, by its order fixing a cut off date on 23.09.2011 for submitting such kind of representations. However the petitioner made a representation after one year of the cut off date. However, if any direction is given by this Court, the same would be complied with.
4.In the above circumstances, considering the limited request made by the learned counsel appearing for the petitioner, without going into the merits of the issue, this Court is inclined to issue direction to the first respondent to consider and dispose of the petitioner's representation dated 15.09.2012, on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order in the light of the orders, if any, passed by this Court on the above issue.
5. With the above direction, this writ petition is disposed off. However, there shall be no order as to costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
To 1.Secretary to Government, Industries Department, Fort. St. George, Chennai -9.
2.The General Manager, Bharat Heavy Electricals Limited Boiler Auxiliaries Plant Ranipet-632 406, Vellore District.
3.The Dy.General Manager(H.R) Bharat Heavy Electricals Limited Boiler Auxiliaries Plant Ranipet-632 406, Vellore District.
4.The District Collector, Vellore District.
+1 cc to The Government Pleader,Advocate in Sr.No.27402 +1 cc to Mr.C.K.Chandrasekar, Advocate in SR.27191 +1 cc to M/s.Fox Mandal& Associates,Advocate to Sr.No.27283 W.P. NO.32731 OF 2013 AJS(CO) RV(21/09/2020)