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Madras High CourtWP/1589/2016disposed of

Kannappan, v. Tamilnadu Generation And

2016-01-19Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2016

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.1589 of 2016 Kannappan ..

Petitioner Vs.

1.The Tamilnadu Generation and Distribution Corporation Ltd., rep.by its Chairman, 144, Anna Salai, Chennai-2.

2.The Chief Engineer(Personel), The Tamilnadu Generation and Distribution Corporation Ltd., 144, Anna Salai, Chennai-2.

3.The Superintending Engineer(Civil), Mettur Thermal Power Station, Mettur Dam, Mettur, Salem District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to consider the petitioners' representation dated 23.06.2015 and give suitable employment to the petitioner's son K.Rajendran, forthwith, as given to the members of three land losers, who are similarly placed to the petitioner.

For Petitioner : Mr.R.Krishnaswamy For Respondents : Mr.P.R.Dilip Kumar

ORDER

By consent, the writ petition is taken up for final disposal at the admission stage itself.

2. The prayer in the writ petition is to issue a writ of mandamus directing the respondents to consider the representation of the petitioner dated 23.06.2015 and to give suitable employment to the son of the petitioner.

3. It is the contention of the petitioner that he was the owner of the land measuring to an extent of 0.50 cents in S.No.690/4, P.N.Patti Village by virtue of a sale deed dated 15.03.1983. The said land was acquired for the purpose of ash dumping for Mettur Thermal Power Station in the year 1986. At the time of adjudication, the respondent Corporation has assured all the land losers including the petitioner to provide the employment assistance in addition to compensation.

4. The petitioner would state that similar land losers have filed a batch of writ petitions in W.P.Nos.32818 to 32820 of 2002 and this Hon'ble Court allowed the writ petition on 13.09.2012, directing the respondents to issue appointment orders. The petitioner further states his son has studied VIII standard (failed) and he still remains unemployed. As per the scheme, the petitioner's son is entitled for the employment and therefore, a representation dated 23.06.2015 was given. Since no order has been passed, the present writ petition has been filed.

5. Heard Mr.R.Krishnaswamy, learned counsel appearing for the petitioner and Mr.P.R.Dilip Kumar, learned counsel, who accepts notice on behalf of the respondents.

6. This Court, considering the limited prayer sought for in the writ petition and without going into the merits of the case, directs the second respondent to consider the representation of the petitioner dated 23.06.2015, in the light of the order passed in W.P.Nos.32818 to 32820 of 2002 and pass orders on merits and in accordance with law, within a period of eight 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(J) //True Copy// Sub Assistant Registrar dn/sms

To 1.The Chairman, Tamilnadu Generation and Distribution Corporation Ltd., 144, Anna Salai, Chennai-2.

2.The Chief Engineer(Personel), The Tamilnadu Generation and Distribution Corporation Ltd., 144, Anna Salai, Chennai-2.

3.The Superintending Engineer(Civil), Mettur Thermal Power Station, Mettur Dam, Mettur, Salem District.

+1cc to Mr.P.R. Dhilipkumar, Advocate, S.R.No.3450 +1cc to Mr.V. Ajoy Khose, Advocate, S.R.No.2917 CA(CO) EU(29/02/2016) W.P.No.1589 of 2016