Madras High CourtWP/27440/2023dismissed with liberty

S.Sankar Ganesh v. The State Of Tamil Nadu

2023-09-20Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.09.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR and W.M.P.No.26897 of 2023 1.S.Sankar Ganesh 2.P.Venkatesan 3.A.Jayaraman 4.P.Senthilkumar 5.M.Kamaraj 6.M.Rajendran 7.K.Arulmurugan 8.M.Tamilselvam 9.K.Sudarmani 10.T.Anbarasu 11.M.Mahalakshmi 12.M.Rajkamal 13.M.Madhaiyan .. Petitioners

Versus

1.The State of Tamil Nadu Rep by its Secretary to Government Housing and Urban Development Department 2.Hill Area Conservation Authority Planning and Development Department of Tamil Nadu 3.The State of Tamil Nadu Rep by its Secretary to Government School Education Department 1/4

4.The State of Tamil Nadu Rep by its Additional Chief Secretary to Government Finance (Pay Cell) Department 5.The Chief Educational Officer Education Department Dharmapuri District Dharmapuri - 636 701 .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st and 2nd respondents to consider the representation of the petitioners dated 09.08.2023 and identify Vathalmalai Periyur in Dharmapuri District as a hill area to enable the teachers and government servants working in Vathalmalai Periyur in Dharmapuri District to be eligible for Hill area allowance and winter allowance under G.O.Ms.No.306 Finance (Pay Cell) Department dated 13.10.2017 and based on the report of the 2nd respondent, the 1st respondent should amend the Sl.No.15 of G.O.Ms.No.

49, Housing and Urban Development Department dated 24.03.2003 by including Vathalmalai Periyur in Dharmapuri District in the consolidated list of taluks and villages which are lying in hill areas within the State of Tamil Nadu along with Chittheri Hills in Pappireddipatti Taluk in Dharmapuri District.

For Petitioner : Mrs.Nalini Chidambaram, Senior Counsel for M/s.C.Uma For Respondents : Mr.P.Baladhandayutham Special Government Pleader

ORDER

This writ petition has been filed seeking for a direction to the respondents 1 and 2 to consider the representation of the petitioner dated 09.08.2023 to declare their place as hill area and extend benefits. 2/4

2. This Court is of the view that the petitioners are seeking such a direction without giving any representation to the District Collector and not making the District Collector as a party in the writ petition.

3. Hence, this writ petition stands dismissed with a liberty to the petitioner to file a fresh writ petition by making the District Collector as one of the party. No costs. Consequently, connected miscellaneous petition stands closed.

20.09.2023 dhk Internet :Yes/No Index : Yes/No To 1.The Secretary to Government The State of Tamil Nadu Housing and Urban Development Department 2.Hill Area Conservation Authority Planning and Development Department of Tamil Nadu 3/4

N.SATHISH KUMAR, J.

dhk 3.The Secretary to Government The State of Tamil Nadu School Education Department 4.The Additional Chief Secretary to Government The State of Tamil Nadu Finance (Pay Cell) Department 5.The Chief Educational Officer Education Department Dharmapuri District Dharmapuri - 636 701 W.P.No.27440 of 2023 20.09.2023 4/4