← Library
Madras High CourtWP/28947/2016disposed of

P.Marimuththu, Age 60 v. The State Of Tamil Nadu

2016-09-15Honourable Mr Justice R.Subbiah4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.28947 of 2016 P.Marimuththu ... Petitioner Vs.

1. The State of Tamil Nadu rep. by Secretary to Government, Adi Dravidar and Tribal Welfare Department, Chennai-600 009.

2. The Director, Adi Dravidar and Tribal Welfare Department, Chennai-600 009.

3. The District Adi Dravidar and Tribal Welfare Officer, Villupuram District, Villupuram.

4. The Special Tahsildar (Adi Dravidar and Tribal Welfare), Tindivanam, Villupuram District.

5. District Employment Exchange, Villupuram District, Villupuram.

... Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the respondents to provide the priority in employment as per G.O.188, Personnel and Administrative Reforms Department, dated 28.12.1976, to the family members of the petitioner. For Petitioner :

Mr.A.Asuvathaman

For Respondents :

Mr.S.Gunasekaran, Additional Government Pleader

O R D E R

The Writ Petition has been filed to issue a writ of Mandamus, directing the respondents to provide priority in employment as per G.O.188, Personnel and Administrative Reforms Department, dated 28.12.1976, to the family members of the petitioner. 2.

The case of the petitioner is that the petitioner is a retired employee from Rural Development Department and his land was acquired by the Special Tahsildar (SC Welfare) for meagre compensation. According to the petitioner, G.O.Ms.No.188, Personnel and Administrative Reforms Department, dated 28.12.1976 is entitled for him which ensures the priority in employment to the affected person/s and their family members due to land acquisition. In this regard, the petitioner has made several representations to the respondents. Since his request was not considered, he is before this Court with this Writ Petition.

3.

Heard both sides.

4.

Considering the facts and circumstances of the matter,

without expressing any opinion about the merits of the matter, the respondents are directed to consider the representations of the petitioner on merits and in accordance with law and also in the light of G.O.Ms.No.188, Personnel and Administrative Reforms Department, dated 28.12.1976 and pass appropriate orders thereon, within a period of eight weeks from the date of receipt of a copy of this Order. It is made clear that this Court has not made any observation regarding the merit of the claim made by the petitioner. It is for the respondents to decide the same purely on merits.

5.

With the above direction, the Writ Petition is disposed of. No costs.

15.09.2016 tsi To

1. The Secretary to Government, State of Tamil Nadu, Adi Dravidar and Tribal Welfare Department, Chennai-600 009.

2. The Director, Adi Dravidar and Tribal Welfare Department, Chennai-600 009.

R.SUBBIAH,J., tsi

3. The District Adi Dravidar and Tribal Welfare Officer, Villupuram District, Villupuram.

4. The Special Tahsildar (Adi Dravidar and Tribal Welfare), Tindivanam, Villupuram District.

5. District Employment Exchange, Villupuram District, Villupuram.

W.P.No.28947/2016 15.09.2016