Dasarathan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.01.2016

CORAM

HE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.1900 of 2016 Dasarathan .. Petitioner .Vs.

1.The District Collector, Tiruvallur District, Thiruvallur 602 001.

2.The Chairman, TANGEDCO (Formerly TNEB) NPKKR Maligai, Anna Salai, Chennai-2.

3.The Chief Engineer, North Madras Thermal Power Project, TANGEDCO, Chennai-57.

.. Respondents Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to recommend the petitioner's claim to the Respondent Board for providing job assistance on compassionate appointment on the ground of land in Survey No.1667/3 measuring 0.30.5 Hectars at Voyalur Village were acquired for Tamil Nadu Electricity Board for North Madras Thermal Power Project from the petitioner.

For petitioner : Mr.S.Manoharan For R1 : Ms.M.E.Raniselvam Addl.Govt.Pleader.

For R2 & R3 : Mrs.R.Varalakshmi Standing counsel

O R D E R

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

2. The petitioner claims that he is hailing from poor family and the lands owned by his family were acquired for North Madras Thermal Power Station and vide Award No.5/91-92 in Rc.No.600/89/A/Unit-V dated 27.07.1992, they were paid with compensation.

3. The grievance of the petitioner is that a promise was also given that one of the family members will be given employment after putting up the project and since the said promise has not been complied with, representations have been

submitted to the respondent Board. Since no orders have been passed, the petitioner has come forward to file this writ petition.

4. Mr.B.Manoharan, learned counsel for the petitioner would submit that in similar facts and circumstances, this Court vide judgment dated 29.06.2006 in W.A.No.2736 and 2737 of 2001 and in the order dated 03.02.2014 in W.P.No.1188 of 2014, has directed the official respondent to consider the claim of the petitioners. The learned counsel for the petitioner would submit that since the petitioner is also similarly placed, submitted a representation dated 06.09.2015 to the 1st respondent in this regard. Since no orders have been passed, came forward to file this writ petition.

5. This Court heard the submissions of B.Manoharan, learned counsel appearing for the petitioner and Ms.M.E.Raniselvam, Addl.Govt.Pleader, who accepts notice on behalf of the respondents and Mrs.R.Varalakshmi, learned Standing Counsel for the respondents 2 and 3.

6. Though the petitioner prayed sought for a larger relief, this Court in the light of the facts and circumstances and without going into the merits of the case, directs the respondents 2 & 3 to consider and dispose of the petitioner's representation dated 26.08.2015 and pass orders on merits and in accordance with law, 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(CS VII) //True Copy// Sub Assistant Registrar kkd

To 1.The District Collector, Tiruvallur District, Thiruvallur 602 001.

2.The Chairman, TANGEDCO (Formerly TNEB) NPKKR Maligai, Anna Salai, Chennai-2.

3.The Chief Engineer, North Madras Thermal Power Project, TANGEDCO, Chennai-57.

+1cc to M/s. B. Manoharan, Advocate, S.R.No.4236 +1cc to the Government Pleader, S.R.No.3750 ALA(CO) EU(24/02/2016) W.P.No.1900 of 2016 (2/2)