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Madras High CourtWP/15914/2021ordered

M.P.Sonai v. The Government Of Tamil Nadu

2021-08-03Honourable Mr Justice A.A.Nakkiran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN WP.Nos.15914, 15916, 15918, 15919, 15924, 15925, 15929, 15930, 15932, 15933 & 15935 of 2021 [Video Conferencing] M.P.Sonai ... Petitioner in W.P.No.15914/2021 Soundara raj ... Petitioner in W.P.No.15916/2021 Nandarajan ... Petitioner in W.P.No.15918/2021 Selvam Jeevanandham ... Petitioner in W.P.No.15919/2021 S.Ramasamy ... Petitioner in W.P.No.15924/2021 Kuppusamy ... Petitioner in W.P.No.15925/2021 K.Murugesan ... Petitioner in W.P.No.15929/2021 S.Palanisamy ... Petitioner in W.P.No.15930/2021 S.Malludurai ... Petitioner in W.P.No.15932/2021 S.Karuppasamy ... Petitioner in W.P.No.15933/2021 A.Pitchai ... Petitioner in W.P.No.15935/2021 vs.

1.The Government of Tamil Nadu, Rep. by Secretary to Government, Forest and Environment Department, Fort.St.George, Chennai - 9.

2.The Principal Chief Conservator of Forests, Panagal Building, Saidapet, Chennai - 15.

... Respondents in all W.Ps Common Prayer:- Writ Petitions filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, to direct the respondents herein to appoint the petitioner in the Cadre of forest watcher by relaxing the Rule 5 of the special rules of Tamil Nadu Forest Subordinate Service Rules with respect to height, on par with his juniors by considering his representations dated 23.03.2021, 24.03.2021, 30.04.2021, 14.12.2020, 03.01.2020, 07.04.2021, 29.03.2021, 07.05.2019, 23.04.2021 & 15.05.2021 respectively in the light of the order passed in W.P.9708 of 2014 dated 12.09.2014, the W.P.No.25274/2014 dated 17.09.2014, W.A.No.1703 of 2014 dated 20.01.2015, SLP (Civil) No.12056 of 2015 dated 05.07.2016 and Ref. No.LL2/31604/2014 dated 10.02.2020 and also G.O.(Ms)No.49, environment and forests (FR2-ii) Department dated 01.09.2020

with all consequential benefits and confer all consequential benefits and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. For Petitioners in all W.Ps : Mr.G.Chandrasekar For Respondents in all W.Ps : Mr.C.Kathiravan, Government Advocate COMMON ORDER 1.

By consent of the learned counsel on either side, these writ petitions are taken up for final disposal and is disposed of by this order.

2.

Mr.C.Kathiravan, learned Government Advocate accepts notice on behalf of the respondents in all the writ petitions. 3.

The petitioners have filed the present writ petitions seeking for issuance of a writ of mandamus, directing the respondents to appoint the petitioner in the Cadre of forest watcher by relaxing the Rule 5 of the special rules of Tamil Nadu Forest Subordinate Service Rules with respect to height, on par with his juniors by considering his representations dated 23.03.2021, 24.03.2021, 30.04.2021, 14.12.2020, 03.01.2020, 07.04.2021, 29.03.2021, 07.05.2019, 23.04.2021 & 15.05.2021 respectively in the light of the order passed in W.P.9708 of 2014 dated 12.09.2014, the W.P.No.25274/2014 dated 17.09.2014, W.A.No.1703 of 2014 dated 20.01.2015, SLP (Civil) No.12056 of 2015 dated 05.07.2016 and Ref. No.LL2/31604/2014 dated 10.02.2020 and also G.O.(Ms)No.49, environment and forests (FR2-ii) Department dated 01.09.2020 with all consequential benefits and confer all consequential benefits, within a time frame. 4.

This Court heard the submissions of the learned counsel on either side and perused the materials placed before it. 5.

Though the prayer in these writ petitions are for a larger relief, the learned counsel for the petitioners has confined his argument to the limited extent of directing the respondents to consider and dispose of the representations of the petitioners dated 23.03.2021, 24.03.2021, 30.04.2021, 14.12.2020, 03.01.2020, 07.04.2021, 29.03.2021, 07.05.2019, 23.04.2021 & 15.05.2021 respectively, expeditiously.

6.

This Court considering the limited prayer now sought for by the learned counsel for the petitioners, without going into the merits of the case, the respondents are directed to consider and dispose of the representations of the

petitioners dated 23.03.2021, 24.03.2021, 30.04.2021, 14.12.2020, 03.01.2020, 07.04.2021, 29.03.2021, 07.05.2019, 23.04.2021 & 15.05.2021 respectively, on merits and in accordance with law and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioners herein.

7.

With the above directions, these writ petitions stands disposed of. No costs.

-s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar ssi To:

1.The Government of Tamil Nadu, Rep. by Secretary to Government, Forest and Environment Department, Fort.St.George, Chennai - 9.

2.The Principal Chief Conservator of Forests, Panagal Building, Saidapet, Chennai - 15.

+1 CC to The Special Government Pleader sr 38238 +12 Ccs to Mr.S.V. Karthikeyan, Advocate sr 38562, 38563, 38563, 38564, 38565, 38566, 38567, 38568, 38569, 38570, 38571, 38572. WP.Nos.15914, 15916, 15918, 15919, 15924, 15925, 15929, 15930, 15932, 15933 & 15935 of 2021 RLD(CO) SP(18/08/2021)