M.Munusamy v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2022 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.28972 of 2022 N.Munusamy ....

Petitioner -Vs1.The Director Directorate of Tribal Welfare Chepauk, Chennai 600 005.

2.The Collector Thirupathur, Thirupathur District.

3.The Project Officer Tribal Welfare Office Thirupathur Thirupathur District.

4.The Collector Vellore District Vellore-9.

....

Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the Director, Directorate of Tribal Welfare, Chepauk, Chennai-600 005, the 1st respondent herein, to dispose of the representation of the petitioner dated 18.10.2021 followed by the legal notice dated 11.07.2022 seeking to settle the amount due to the petitioner for which the measurement of lands carried out by the petitioner for the issuance of pattas to the eligible Traditional Tribal Families by incurring expenditure on his own, as 1 / 5

reported by the 3rd respondent vide letter Na.Ka.Pa.Mu/A1/23574/2018 dated 28.01.2020 within a time frame.

For Petitioner : Mr.R.Muthukkannu For Respondents : Mrs.C.Sangamithirai Special Government Pleader

O R D E R

The prayer sought for herein is for a Writ of Mandamus directing the Director, Directorate of Tribal Welfare, Chepauk, Chennai-600 005, the 1st respondent herein, to dispose of the representation of the petitioner dated 18.10.2021 followed by the legal notice dated 11.07.2022 seeking to settle the amount due to the petitioner for which the measurement of lands carried out by the petitioner for the issuance of pattas to the eligible Traditional Tribal Families by incurring expenditure on his own, as reported by the 3rd respondent vide letter Na.Ka.Pa.Mu/A1/23574/2018 dated 28.01.2020 within a time frame.

2. The petitioner is a retired Sub Inspector of Survey and he has been entrusted by the respondent Department to survey the lands especially forest lands and to submit a report with necessary plan and after having completed the work at Thirupathur District, the petitioner had given a report to the respondent Department, in respect of which, though the petitioner had claimed the fee / bill payable to him for the work he has done, only a sum of Rs.1,70,000/- has been paid and the remaining amount has not been paid. In order to get the 2 / 5

remaining amount, the petitioner has given a representation on 18.10.2021 to the first respondent. However, since the same has not been considered, he has moved the present writ petition with the aforesaid prayer.

3. Heard Mr.R.Muthukkannu, learned counsel for the petitioner who after reiterating the aforesaid facts, would seek the indulgence of this Court.

4. Heard Mrs.C.Sangamithirai learned Government Advocate, who on instructions would submit that the request of the petitioner dated 18.10.2021 if so far not been considered, the same would be considered within the time limit that may be stipulated by this Court.

5. Having regard to the said submission made by the learned counsel for both sides and taking into account the innocuous nature of the prayer sought for in this writ petition, this Court is inclined to dispose of this writ petition with the following order.

●That there shall be a direction to the first respondent to consider the representation of the petitioner dated 18.10.2021 and pass orders thereon on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order. 3 / 5

6. With the above direction, this writ petition is disposed of. No costs. 03.11.2022 Index : Yes/No Internet : Yes/No KST Note : Issue order copy on 08.11.2022 To 1.The Director Directorate of Tribal Welfare Chepauk, Chennai 600 005.

2.The Collector Thirupathur, Thirupathur District.

3.The Project Officer Tribal Welfare Office Thirupathur Thirupathur District.

4.The Collector Vellore District Vellore-9.

4 / 5

R. SURESH KUMAR, J.

KST W.P.No. 28972 of 2022 03.11.2022 5 / 5