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Madras High CourtWMP/30997/2017dismissed

J. Srinivasan v. The Chairman

2020-02-03Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Monday, the Third day of February Two Thousand Twenty PRESENT THE HON`BLE MR JUSTICE D. KRISHNAKUMAR WMP.NOS. 30997 TO 31000 OF 2017 IN W.P.NOS. 28805 TO 28808 OF 2017 J. SRINIVASAN ... PETITIONER in WMP No.30997 of 2017 S/O. R.K. JAYARAMAN MELPAKKAM VR KANDIGAI PARUTHIPATHUR PO ARAKKONAM TK VELLORE DISTRICT E. MUNIKANNAIYA ... PETITIONER in WMP No.30998 of 2017 S/O. K.ELLAPPAN V.R.GANDIGAI MELPAKKAM PARITHIPUTHUR PO ARAKKONAM TK VELLORE DISTRICT V.HARIBABU ... PETITIONER in WMP No.30999 of 2017 S/O. VENKATAPATHY NO.1/13 SATHARIJAYPURAM VELANCHERY PO THIRUTTANI THIRUVALLUR DISTRICT J. VENKATESH KUMAR ... PETITIONER in WMP No.31000 of 2017 S/O.K.JANAKIRAMAN FLAT NO.

(I) WMP No.30997 of 2017 to direct the 1st and 2nd Respondent to keep one Group-D post vacant till the disposal of writ petition (II) WMP No.30998 of 2017 to direct the 1st and 2nd Respondent to keep one Group-D post vacant till the disposal of writ petition (III) WMP No.30999 of 2017 to direct the 1st and 2nd Respondent to keep one Group-D post vacant till the disposal of writ petition (IV) WMP No.31000 of 2017 to direct the 1st and 2nd Respondent to keep one Group-D post vacant till the disposal of writ petition Order : These petitions coming on for orders upon perusing the petitions and the respective affidavits filed in support thereof and upon hearing the arguments of MR.P.T.RAMKUMAR, ADVOCATE 1 TO 3 Respondent and of MR. S.

THANGAVEL, SPECIAL GOVERNMENT PLEADER for 4th Respondent and of Petitioner not appearing either in person or by an advocate the court made the following order:- Today, when these Miscellaneous Petitions were taken up for hearing, none appeared on behalf of the writ petitioners. The learned standing counsel for Railways/respondents 1 to 3 and the learned Special Government Pleader appearing for the 4th respondent are present.

The prayer sought for in these Miscellaneous Petitions is to direct the 1st and 2nd respondents to keep one Group-D post vacant till the disposal of the writ petitions.

It is seen from the records that the Railway department acquired the lands of the petitioners; under Land Acquisition Act 1894 for the purpose of laying alternate Railway line between Arakkonam and Takkolam. Further in the Counter Affidavit filed by the 1st respondent, it is stated that the 1st respondent in its proceedings in No.E(NG)/11/2002/RC5/4 dated 19.04.2006 decided that in past cases where recruitment are already in process or where any commitment has been given to provide employment by the competent authority, such recruitment process should be finalized and employment provided in Group-"D" posts only to eligible persons. In view of the above, the relief sought for by the petitioners in the present Miscellaneous Petitions cannot be considered at this stage. Accordingly, these Miscellaneous Petitions are dismissed.

Registry is directed to post the writ petitions for final disposal in the 2nd week of March'2020.

-sd/- 03/02/2020 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE CHAIRMAN RAILWAY BOARD, GOVERNMENT OF INDIA, NEW DELHI 2 THE GENERAL MANAGER SOUTHERN RAILWAYS, HEADQUARTERS, CHENNAI 600 003 3 THE CHIEF ADMINISTRATIVE OFFICER, CONSTRUCTION OFFICE, EGMORE, CHENNAI 600 008 4 THE DISTRICT COLLECTOR VELLORE DISTRICT, VELLORE C.C. to M/S.S.SENTHIL KUMAR Advocate on payment of necessary charges The Government Advocate, High Court, Madras - 104. Order in WMP.NOS. 30997 TO 31000 OF 2017 IN W.P.NOS. 28805 TO 28808 OF 2017 Date :03/02/2020 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format VC (26/02/2020)