R.Sivaperumal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.07.2018

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM WP.No.17491 of 2018 R.Sivaperumal

...Petitioner

Vs.

1. The District Collector, Tiruvannamalai District.

2. The Special Tahsildar, Vandavasi, Tiruvannamalai District.

3. Backward and Most Backward Welfare Dept., St.Fort George, Secretariat, Chennai -9.

...Respondents

PRAYER:

Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents to consider the petitioner's representation dated 18.11.2017 consequently, direct the respondents 1 & 2 to issue land acquisition priority certificate to the petitioner to get Government employment to the petitioner son.

For Petitioner : Mr.S.N.Subramani For Respondents : Mr.Akhil Akbar Ali, G.A.

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents and perused the materials available on record.

2. The petitioner has come up with this writ petition seeking direction to the respondents to consider his representation dated 18.11.2017 to issue land acquisition priority certificate to get Government employment to his son.

3. According to the petitioner, his land measuring one acre in Survey No.19A/2A1 was acquired by the respondents in the year 1996 for the purpose of allotment of houses sites to the Adi Dravida People, on promise that the family members will get employment in Government service.

4. The learned counsel for the petitioner submitted that the petitioner made representation dated 18.11.2017 for issuance of priority certificate. Since there is no response, the present writ petition has been filed. It is further submitted that it would suffice, if a direction is issued to the first respondent to consider the representation of the petitioner.

5. The learned Government Advocate fairly submitted that G.O.Ms.No.188, dated 28.12.1976, gives priority in Government employment, who lost their land in land acquisition proceedings. Hence, the first respondent is ready to consider the representation of the petitioner in accordance with law.

6. Considering the submissions of the learned counsels on either side and also taking note of the limited scope of the prayer sought for in the writ petition, this Court without going into the merits of the case, directs the first respondent to consider the representation of the petitioner dated 18.11.2017 and pass appropriate orders, purely on merits and in accordance with law as expeditiously as possible, preferably within a period of six weeks form the date of receipt of a copy of this order.

7. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar pvs To

1. The District Collector, Tiruvannamalai District.

2. The Special Tahsildar, Vandavasi, Tiruvannamalai District.

3. Backward and Most Backward Welfare Dept., St.Fort George, Secretariat, Chennai -9.

+1cc to Mr.S.N.Subramani, Advocate, S.R.No.51141 +1cc to the Government Pleader, S.R.No.52849 WP.No.17491 of 2018 SS(CO) GSP(31/08/2018)