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Madras High CourtWP/34983/2015disposed of

Joshua Jayapaul, v. The Commissioner,

2015-10-30Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30-10-2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.34983 of 2015 Joshua Jayapaul .. Petitioner vs

1. The Commissioner Corporation of Chennai Rippon Building, Chennai 3

2. The Deputy Planning Organizer District Family Welfare Department Chennai Corporation, Chennai 3

3. The Managing Director Tamil Nadu Housing Board Nandanam, Chennai 35 .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the first respondent to consider the claim of the petitioner for appointment on compassionate ground on the basis of the Appeal Memoramdum dated 27.2.2015.

For Petitioner : Mr.L.Chandrakumar For Respondents : Mr.G.Anantharangan for RR1 & 2 Mr.V.Anandamoorthy for R3

ORDER

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

2.The petitioner would state that his mother was working as a Multipurpose Health Worker in the District Welfare Department of Chennai and died in harness on 26.7.2000, leaving behind the petitioner, who was 7 years old by that time, and a female child, who was younger to him, and originally, his father had made a request for compassionate ground appointment and pendency of the same, he died in 2007, and the similar request https://hcservices.ecourts.gov.in/hcservices/

made by the petitioner, was rejected by the second respondent stating that he has submitted the said application after 14 years from the date of demise of his mother, and has not completed 18 years of age within three years from the date of demise of his mother, and the petitioner, challenging the said order, filed an appeal before the first respondent on 27.2.2015, and since no orders have been passed, came forward to file this writ petition.

3.Heard the submissions of Mr.L.Chandrakumar, learned Counsel appearing for the petitioner, and Mr.G.Anantharangan, learned Standing Counsel, who accepted notice on behalf of the respondents 1 and 2.

4.The petitioner did not seek any relief against the third respondent and hence, has given up the said respondent in this writ petition.

5.Though the petitioner prayed for a larger relief, this Court, in the light of the above facts and circumstances, permits the petitioner to submit one more appeal petition to the first respondent by enclosing a copy of this order as well as his earlier appeal petition dated 27.2.2015, within a period of two weeks from the date of receipt of a copy of this order and the first respondent, on receipt of the same, is directed to consider it on merits and in accordance with law and pass orders thereon within a period of eight weeks thereafter and communicate the decision taken, to the petitioner. The writ petition is disposed of accordingly. No costs. nsv s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar To:

1. The Commissioner Corporation of Chennai Rippon Building, Chennai 3

2. The Deputy Planning Organizer District Family Welfare Department Chennai Corporation, Chennai 3

3. The Managing Director, Tamil Nadu Housing Board, Nandanam, Chennai-35.

+ 1 CC TO L.CHANDRAKUMAR, ADVOCATE SR 59617.(4/1/16) sai(co) prk16/11 W.P.No.34983 of 2015 https://hcservices.ecourts.gov.in/hcservices/