V.Revathi, v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Coram Dated: 18.01.2017 The Honourable Mr. JUSTICE M.SATHYANARAYANAN Writ Petition No.1222 of 2017 V.Revathi ... Petitioner -Vs1. The District Collector, Krishnagiri District, Krishnagiri.

2. The Tahsildar, Taluk Office, Hosur, Krishnagiri District.

... Respondents Writ Petition has been filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondents to consider the application of the petitioner dated 28.12.2006 made to the 2nd respondent herein seeking for an appointment under compassionate grounds within a stipulated period.

For Petitioner : Mr.K.Govi Ganesan For Respondents : Mr.R.A.S.Senthilvel, Additional Government Pleader.

O R D E R

By consent, the writ petition is taken up for final disposal.

2. The petitioner would claim that he belongs to Adidravidar community and his father namely, Venkataramanappa was working as Village Assistant at Mathigiri Village and he died in harness on 08.10.1999 leaving behind him, the petitioner, his mother and two elder sisters viz., Pravabathi and Roopavathi, as his legal heirs. It is the claim of the petitioner that at the time of death of his father, his family was in indigent circumstance and continues so and since he was aged 14 years at that time, after attaining majority, he submitted an application praying for appointment on compassionate ground and also

enclosed necessary certificates. The petitioner also submitted another application on 04.04.2007. The petitioner, in this regard submitted series of representations praying for appointment on compassionate ground and last of such representation was submitted on 19.12.2015 to the 1st respondent and despite receipt and acknowledgement, no orders have been passed. Hence, he came forward to file this writ petition.

3. Mr.Govi Ganesan, learned counsel appearing for the petitioner would submit that the petitioner, as on today, remains unmarried and his family continues to be in indigent circumstance. Therefore, appropriate orders may be passed directing the respondents to consider and dispose of the petitioner's application for appointment on compassionate ground as expeditiously as possible.

4. Per contra, Mr.R.A.S.Senthilvel, learned Additional Government Pleader who accepts notice on behalf of the respondents 1 and 2 would submit that though the petitioner attained the age of majority during the year 1990, he had submitted the application belatedly on 28.02.2006 and as such, his claim for appointment on compassionate ground is not in consonance with the relevant norms and rules of Government Order.

5. This Court, considered the rival submissions and perused the materials placed on records.

6. Though the petitioner prays for a larger relief, this Court, without going into the merits of the claim projected by the petitioner either in the representation or in the writ petition, directs the respondents to consider the representations of the petitioner dated 28.12.2006 and 19.12.2016 on merits and in accordance with law and pass orders within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

vsi To

1. The District Collector, Krishnagiri District, Krishnagiri.

2. The Tahsildar, Taluk Office, Hosur,Krishnagiri District.

+1cc to Mr.K. Govinganesan, Advocate, S.R.No.3598 +1cc to the Government Pleader, S.R.No.3744 ca(CO) md(02/02/2017) Writ Petition No.1222 of 2017