K.Selvam, v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR WP.No.12948/2021 & WMP.No.13752/2021 [Video Conferencing] K.Selvam ..Petitioner Vs 1.The District Collector O/o.The District Collectorate Thirupathur, Thirupathur District.

2.G.Ramkumar ..Respondents Prayer:-Writ Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the 1st respondent to consider the petitioner's representation dated 31.05.2021 and further direct the respondents to take necessary action against the petitioner's complaint petition dated 22.09.2020.

For Petitioner :

No appearance For R1 :

Mr.C.Kathiravan Government Advocate

ORDER

1.

Mr.C.Kathiravan, learned Government Advocate accepts notice on behalf of the 1st respondent.

2.

This writ petition has been filed seeking mandamus, to direct the 1st respondent to consider the petitioner's representation dated 31.05.2021 and also to take action on the petitioner's complaint dated 22.09.2020.

3.

The case of the petitioner is that his father, viz., Late V.Kannan, died in the year 1988 while on duty as Village Assistant at the Village Administrative Office, Jayapuram Village, Natrampalli taluk, Thirupathur District, leaving behind the petitioner, his mother and sisters as his legal heirs. It is the further case of the petitioner that since the petitioner and his sisters were minors at the time of the death of their father, they did not seek appointment on

compassionate ground and that, one Mr.K.Govindarajan, S/o.B.C.Kannan, who has nothing to do with the petitioner's family, had been appointed as the Village Assistant of the said Village as if he is the legal heir of the petitioner's father. It is the contention of the petitioner that the said Govindarajan, had obtained the compassionate ground appointment fraudulently and by manipulating records. Further, on the demise of the said Govindarajan, the 2nd respondent is attempting to get the employment on compassionate ground. The petitioner, in this regard, has also given a complaint on 22.09.2020 to the 1st respondent and since no action has been taken on the same, the petitioner also submitted a representation on 31.05.2021 seeking appointment on compassionate ground. Since no response is forth coming, the petitioner is constrained to approach this Court by filing the present writ petition. 4.

The Court heard the submissions of the learned Government Advocate appearing for the respondents.

5.

Though there is no representation on behalf of the petitioner, this Court, considering the limited scope of prayer sought for in this writ petition and without going into the merits of the petitioner's representation dated 31.05.2021 as well as his earlier complaint dated 22.09.2020, directs the 1st respondent to consider the petitioner's representation dated 31.05.2021 on merits and in accordance with law and also take action on the petitioner's complaint dated 22.09.2020, after issuing notice to the 2nd respondent and pass appropriate orders within a period of eighteen weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner herein as well as to the 2nd respondent herein.

6.

The writ petition stands disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar AP

To The District Collector O/o.The District Collectorate Thirupathur, Thirupathur District.

+1 CC to Mr.C.S. Vijayakumar, Advocate sr 28988 +1 CC to The Government Pleader sr 29033.

WP.No.12948/2021 KV(CO) SP(16/07/2021)