N.Rajamani v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.11.2022

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE N. Rajamani

...Petitioner

vs.

1. The District Collector, Tiruppur District, Tiruppur.

2. The District Employment Officer, Tiruppur District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st respondent to consider petitioner's representation dated 27.07.2020 seeking for employment to the petitioner's son named R.Nallasivam as a driver on the basis of priority certificate.

For petitioner : Mr. N. Ponraj For respondents : Mr.N. Naveen Kumar Government Advocate for R1 Mr.G. Nanmaran Special Government Pleader for R2 1/5

ORDER

By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself.

2. Mr.N. Naveen Kumar, learned Government Advocate accepts notice for the 1st respondent and Mr.G. Nanmaran, learned Special Government Pleader for the 2nd respondent.

3. This writ petition has been filed for a Mandamus seeking for a direction to the respondents to pass final orders on the petitioner's representation, dated 27.07.2020 seeking for employment for his Son R.Nallasivam as a Driver, based on the priority certificate issued by the respondents on account of the acquisition of the petitioner's land, within a time frame to be fixed by this Court.

4.The petitioner claims that as per the Government scheme and as per the priority certificate issued in his favour, the petitioner or his family members are entitled to get employment in public service on account of the acquisition of the petitioner's lands. The petitioner's lands were acquired in the year 2007 and according to the petitioner, his Son R.Nallasivam, who is now aged 23 years is entitled for employment as a Driver. In such circumstances, the petitioner has given a representation on 27.07.2020 to the respondents requesting for providing employment to 2/5

his Son R. Nallasivam. Since the representation has not been considered, till date, the petitioner has filed this writ petition.

5. Since the representation is an old one, the petitioner will have to give a fresh representation.

6. The petitioner has filed documents along with this writ petition to substantiate his claim that he is entitled for getting employment for his Son R.Nallasivam. It is for the respondents to consider the same on merits and in accordance with law.

7. No prejudice would be caused to the respondents, if the petitioner's representation is considered on merits and in accordance with law, within a time frame to be fixed by this Court.

8. For the foregoing reasons, this Court directs the petitioner to submit a fresh representation to the 1st respondent requesting the 1st respondent to provide employment for his Son R. Nallasivam as a Driver based on the priority certificate issued by the respondents, within a period of one week from the date of receipt of a copy of this order. On receipt of the said representation, the 1st respondent shall pass final orders on merits and in accordance with law, within a period of eight weeks thereafter.

9. With the aforesaid directions, this writ petition stands disposed of. No costs.

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21.11.2022 Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2 To

1. The District Collector, Tiruppur District, Tiruppur.

2. The District Employment Officer, Tiruppur District.

ABDUL QUDDHOSE, J.

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