Madras High CourtWP/13624/2010disposed of

Rathinammal, v. The Government Of Tamil Nadu,

2018-06-07Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.06.2018

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.13624 of 2010 Rathinammal ...

Petitioner Vs 1.The Government of Tamil Nadu, represented by its Secretary, Industrial Department, Fort St. George, Chennai - 600 009.

2.The General Manager, Bharath Heavy Electricals Limited, BHEL/BAP, Ranipet - 632 406 Vellore District.

3.The Revenue Divisional Officer, Ranipet, Vellore District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the second respondent to consider and pass suitable orders based on the petitioner's representation dated 03.06.2008 pursuant to the recommendation of the 3rd respondent in accordance with law. For Petitioner : Mr.S.Sairaman For R1 & R3 : Mr.J.Ramesh, AGP For R2 : Mr.P.John for M/s.Fox Mandel & Associates

ORDER

The petitioner has come up with the present writ petition for a Mandamus, directing the second respondent to consider his representation dated 03.06.2008 seeking employment to his son under the Land Sufferer Scheme.

2.When the matter was taken up for consideration, the learned counsel for the second respondent submitted that the relief sought for herein has become infructuous and hence, nothing survives for adjudication. In support of his submission, the learned counsel drew the attention of this Court to the

averments made in para 2 of the counter affidavit filed by the second respondent, which reads as follows:

"2. At the outset, I humbly submit that this writ petition has become infructuous as the very same issue was decided by the Division Bench of the Hon'ble High Court of Madras vide its order dated 29.09.2010 in WA.No.1275 of 2008 wherein the Hon'ble Division Bench directed all the land loser claimants to apply to the Screening Committee constituted under the directions of the Hon'ble High Court of Madras. The Screening Committee has considered the claims of all land loser claimants, including that of the petitioner's son Mr.Vijayarangan, for whom employment has been sought for in this writ petition. Further, the Screening Committee has recommended 124 claimants for employment.

Pursuant to the said recommendations, the respondent company has granted employment to those candidates who were found suitable. The petitioner's son Mr.Vijayarangan had also applied to the Screening Committee and his claim has been rejected by the Screening Committee as Mr.Paneerselvam Staff No.4170105, son of the petitioner has already been given employment in the 2nd respondent Company in respect of the petitioner lands."

3.In the light of the averments so made in the counter affidavit filed by the second respondent, this Court is of the view that it is unnecessary to pursue this writ petition. Hence, recording the same, this writ petition stands closed. No costs. Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar rk

To 1.The Secretary to Government, Industrial Department, Fort St. George, Chennai - 600 009.

2.The Revenue Divisional Officer, Ranipet, Vellore District.

+1cc to Mr.S.SAIRAMAN, Advocate, S.R.No.35543 +1cc to Mr.FOX MANDAL ASSO. Advocate, S.R.No. 35264 +1cc to the Government Pleader, S.R.No.35837 W.P.No.13624 of 2010 EV(CO) TR(27/06/2018)