M.Sridharan, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.02.2018
CORAM:
THE HONOURABLE MR. JUSTICE T.RAJA W.P.No.2245 of 2018 M.Sridharan .. Petitioner Vs
1. The District Collector, O/o. The Namakkal District Collectorate, Tiruchengode Road, Namakkal- 637 003.
2.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Namakkal District.
3. The Tahsildhar, Senthamangalam Taluk, Senthamangalam, Namakkal District.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus directing the 1st Respondent to grant compassionate appointment to the petitioner based on the report and recommendation of th 3rd Respondent in his proceedings, in Na.Ka.763 of 2017/AA1 dated 14.02.2017, within a stipulated time.
For Petitioner : Mr.K.R.Samratt For Respondents : Mr.R.S.Selvam (R1 to R3) Government Advocate
O R D E R
By consent of both sides, this Writ Petition is disposed of at the time of admission itself.
2. This Writ Petition has been filed seeking for a direction to the first Respondent to grant compassionate appointment to the petitioner based on the report and recommendation of the third Respondent in his proceedings, in Na.Ka.763 of 2017/AA1 dated 14.02.2017, within a stipulated time.
3. The case of the petitioner submitted that the petitioner is the son of late S.Marimuthu who died on 10.01.2010, while in service as Village Assistant. After the demise of his father, the petitioner made an application dated 19.08.2010 to the respondent officials to appoint the petitioner on compassionate grounds in a suitable post commensurate with his educational qualification.
Subsequently, the District Collector, Namakkal by his proceedings dated 16.08.2016 in Na.Ka.11987/2016/A3 directed the Tahsildhar, Namakkal to conduct the enquiry and to file a report. Since Senthamangalam Taluk was bifurcated from Namakkal Taluk, the Tahsildar, Namakkal forwarded the relevant records to the third respondent by his proceeding dated 06.01.2017 to conduct an enquiry and submit a report to the first respondent in this regard. In is further contended that now the third respondent conducted the enquiry and made a detailed report on 14.02.2017 to the first respondent through the second respondent. Since, no action has been taken till date, the petitioner has filed this Writ Petition seeking for the aforesaid relief.
4. Heard the learned counsel for the petitioner and the learned Government Advocate who accepts notice on behalf of the respondents 1 to 3.
5. Though the prayer sought for in this Writ Petition is for a larger relief, the learned counsel appearing on behalf of the petitioner has submitted that it would suffice, if the representation of the petitioner dated 19.08.2010 is directed to be disposed of by the first respondent, within a stipulated time.
6. The learned Additional Government Pleader who accepts notice on behalf of the respondents has submitted that four weeks time may be given to the first respondent to dispose of the representation of the petitioner dated 19.08.2010.
7. Considering the submissions made by the learned counsel appearing on either side, this Court directs the first respondent to consider and dispose of the representation of the petitioner dated 19.08.2010, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs.
8. With the above direction, the Writ Petition is disposed of. No costs.
-sd/- Assistant Registrar True Copy Sub-Assistant Registrar
arr To
1. The District Collector, O/o. The Namakkal District Collectorate, Tiruchengode Road, Namakkal- 637 003.
2.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Namakkal District.
3. The Tahsildhar, Senthamangalam Taluk, Senthamangalam, Namakkal District.
C.C. to MR.K.R.SAMRATT Advocate SR.NO. 8021 C.C. to The Government Pleader SR.NO. 8395 W.P.No.2245 of 2018 RRI 27/02/2018