V.Kanchanamala, v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.10.2015
CORAM:
THE HONOURABLE MR. JUSTICE M.JAICHANDREN W.P.No.20851 of 2012 V.Kanchanamala .. Petitioner vs.
1.The Secretary to Government, Revenue Department, Secretariat, Chennai - 9.
2.The Director, Urban Land Ceiling and Urban Land Tax, Chepauk, Chennai - 5.
3.The District Collector, Cuddalore District. .. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to pass appropriate orders on the Appeal Petition dated 18.06.2007 submitted by the petitioner, requesting sanction of Selection Grade in the category of Typist from 28.06.1991, as per the orders issued by Government in G.O.(MS) No.898 P&AR(Per - M) Department, dated 23.09.1983, G.O.(MS) No.68 P & AR (Per - M) Department, dated 23.01.1986 and G.O.(MS) No.210 P & AR (Per - B) Department, dated 17.03.1987, within a reasonable period.
For petitioner : Mr.T.Ranganathan For respondents : Mr.R.Ravichandran Additional Government Pleader
ORDER
Heard the learned counsels appearing for the parties concerned.
2. This Writ Petition has been filed praying that this Court may be pleased to direct the first respondent, to pass appropriate orders on the Appeal Petition, dated 18.06.2007, with regard to sanction of Selection Grade in the Category of Typist, in favour of the petitioner.
3. A counter affidavit has been filed on behalf of the respondents. Paragraph 8 of the said counter affidavit reads as follows:- "8. Regarding the averments made in Para 5 of the affidavit, it is submitted that the Appeal Petition preferred by the writ petitioner to the Secretary to Government on 18.06.2007 was properly considered by the Government.
On 05.02.2010, the Government issued directions to re-verify the records connected with the claim and to pass appropriate orders.
Thus, the appeal of the writ petitioner was properly disposed by the Government by remitting for fresh examination of records and appropriate orders."
4. At this stage of the hearing of the writ petition, the learned Additional Government Pleader had submitted that appropriate directions had been issued for the disposal of the Appeal Petition, dated 18.06.2007, submitted by the petitioner, as stated in Paragraph 8 of the Counter Affidavit filed on behalf of the respondents. However, no records had been placed before this Court, to substantiate the said claim made by the learned Additional Government Pleader.
5. In view of the averments made in the counter affidavit filed on behalf of the respondents and in view of the submissions made by the learned Additional Government Pleader, this Court finds it appropriate to direct the first respondent to pass appropriate orders on the Appeal Petition filed by the petitioner, dated 18.06.2007, on merits and in accordance with law, after giving an opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order, if the said Appeal Petition had not been disposed of till date.
6. The Writ Petition stands disposed of, with the above directions. No costs.
sd/ ASSISTANT REGISTRAR(CS-II) /TRUE COPY/ SUB-ASSISTANT REGISTRAR asvm
To 1.The Secretary to Government, Revenue Department, Secretariat, Chennai - 9.
2.The Director, Urban Land Ceiling and Urban Land Tax, Chepauk, Chennai - 5.
3.The District Collector, Cuddalore District.
+1 CC to MR.T.Ranganathan Advocate. SR.NO.58318 +1 CC to Govt.Pleader. SR.NO. 58086 W.P.No.20851 of 2012 CO-PUR JD 06/11/2015