Madras High CourtWP/21289/2017disposed of

Nirmala, W/O.Moorthy v. State Rep By Chief Secretary

2020-01-23Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR W.P.No.21289 of 2017 Nirmala ... Petitioner versus 1.The State, Represented by its Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai-600 009.

2.The Home Secretary, Government of Tamil Nadu, Secretariat, Chennai-600 009.

3.The Secretary, Adi Dravidar and Tribal Welfare Department, Government of Tamil Nadu, Secretariat, Chennai-600 009.

4.The District Collector, Collectorate Complex, Kancheepuram, Kancheepuram District.

5.The District Adi Dravidar and Tribal Welfare Officer, Kancheepuram, Kancheepuram District.

6.The Deputy Director, District Employment Exchange Office, Kancheepuram, Kancheepuram District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondent No.4 to provide additional relief in the manner of employment to the petitioner's son within a stipulated period in Scheduled Caste and Schedule Tribe Amendment Rules, 2016.

For Petitioner : Ms. Nithiasree for S.E. Monica Vincent For Respondents: Mr.J. Ramesh Additional Government Pleader ------

O R D E R

This writ petition has been filed by the writ petitioner seeking for a direction to the fourth respondent/The District Collector, Kancheepuram, to provide additional relief in the manner of providing employment to one member of the family of the deceased belonging to Scheduled Caste under the Scheduled Caste and Scheduled Tribe Amendment Rules, 2016.

2. The case of the petitioner is that the writ petitioner belongs to a Scheduled Caste community. Her deceased son Sandeep, aged 20 years was studying English Literature II Year in a College in Chennai. In January, 2016, her son was brutally hacked to death by the accused persons due to communal clash between the two groups. Subsequently, FIR was registered against the petitioner's son for the offences under Sections 147, 148, 341, 324, 307, 302 IPC read with Section 3

(2) (V) Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, in Crime No.52 of 2016 on the file of Mathuranthagam Town Police Station.

Thereafter, the petitioner had sent a representation to the fourth respondent on 27.05.2017 seeking for employment to her another son. The aforesaid representation has not been considered by the respondent and the same is pending before the fourth respondent. Therefore, the petitioner has come forward with the present writ petition before this Court.

3. The learned counsel appearing for the writ petitioner submitted that the aforesaid representation has not been considered by the respondent in accordance with law. He further submitted that, as of now, the respondent has not passed any order in the aforesaid representation dated 27.05.2017.

4. By considering the aforesaid submissions made by the learned counsel for the petitioner, without expressing any opinion on the merits of the matter, the fourth respondent/The District Collector, Kancheepuram, is directed to consider the petitioner's representation, dated 27.05.2017 and pass appropriate orders, on merits and in accordance with law as expeditiously as possible within a period of twelve weeks (12) from the date of receipt of a copy of this order. It is open to the writ petitioner to file any additional proof before the fourth respondent within a period of two weeks.

5. With the above directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

msm To

1. The Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai-600 009.