Kandipan v. State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.04.2023
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU 1.Kandipan 2.Kanniyappan 3.Manoharan 4.Murugan 5.James 6.Logu 7.Velu 8.Karthik 9.Sakthivel 10.Raj 11.Bharathi 12.Loganathan 13.Devaraj 14.Mohanraj 15.Ranjithkumar 16.Sridhar 17.Saravanan 18.Ranganathan 19.Naresh 20.Karuppan 21.Sekar 22.Manimaran 23.Venkatesan ... Petitioners -vs1/7
1.State of Tamil Nadu rep. By its Principal Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Fort St.George, Chennai - 600 009.
2.The Director of Municipal Administration and Water Supply Department, No.75, Urban Administrative Building, Santhome High Road, MRC Nagar, R.A.Puram, Chennai - 600 028.
3.The Commissioner, Municipal Administration, No.75, Urban Administrative Building, Santhome High Road, MRC Nagar, R.A.Puram, Chennai - 600 028.
4.The Collector, Kancheepuram District, Kancheepuram.
5.The Commissioner, Kundrathur Municipality, Kundrathur, Kancheepuram District.
... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents to consider the representation of the petitioners dated 06.02.2023 and regularize petitioners who are working as contract labour viz. Sanitary workers for the past 15 to 20 years as per G.O.Ms.No.21, Municipal Administration and Water Supply Department dated 23.02.2006.
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For Petitioners : Mr. V.Elangovan For Respondents : Mr. B.Vijay Additional Govt. Pleader for R1 to R4
O R D E R
Heard Mr. V.Elangovan, Learned Counsel for the Petitioners and Mr. B.Vijay, Learned Additional Government Pleader appearing for the First to Fourth Respondents and perused the materials placed on record, apart from the pleadings of the parties.
2.
Having regard to the nature of order proposed to be passed in the matter, which would not cause any prejudice to the Fifth Respondent, notice to him is dispensed with.
3.
The grievance ventilated by the Petitioners is that they had made a representation dated 06.02.2023 to the Respondents to regularize their service as Sanitary Workers as per G.O. Ms. No. 21, Municipal Administration and Water Supply Department dated 23.02.2006, but as it did not evoke any response, they have filed this Writ Petition. 3/7
4.
Having regard to the limited scope of the relief sought in the Writ Petition, this Court without expressing any view on the merits of controversy involved, passes the following order:- (i) the concerned authority shall immediately examine the representation dated 06.02.2023 made by the Petitioners including ascertaining as to whether the Petitioners would be entitled for the relief claimed; (ii) if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed in writing to the Petitioners requiring the same to be furnished within a time frame of not less than 15 days for the same;
(iii) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioners and all other persons concerned to explain their position in that regard;
(iv) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated by 31.08.2023 under written acknowledgment; and (v) the report of such compliance shall be filed before the Registrar (Judicial) of this Court.
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In the result, the Writ Petition is disposed on the aforesaid terms. No costs.
24.04.2023 kkn Index: Yes/No Note: Issue order copy by 05.06.2023.
To 1.The Principal Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Fort St.George, Chennai - 600 009.
2.The Director of Municipal Administration and Water Supply Department, No.75, Urban Administrative Building, Santhome High Road, MRC Nagar, R.A.Puram, Chennai - 600 028.
3.The Commissioner, Municipal Administration, No.75, Urban Administrative Building, Santhome High Road, MRC Nagar, R.A.Puram, Chennai - 600 028.
4.The Collector, Kancheepuram District, Kancheepuram.
5.The Commissioner, Kundrathur Municipality, Kundrathur, Kancheepuram District.
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Copy to The Registrar (Judicial), Madras High Court, Chennai.
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P.D. AUDIKESAVALU, J.
KKN 24.04.2023 7/7