Ajay Mon, v. The Special Commissioner Of Land Survey And Land Tax,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :14.11.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.31931 of 2019 1 Ajay Mon ... Petitioner Vs 1 The Special Commissioner of Land Survey & Land Tax, Chepauk, Chennai 600 005.

2 The Asst. Director, District Land Survey Office, Collectorate, Krishnagiri ... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ, Order or Direction particularly in the nature of a Writ of Mandamus directing the respondents to consider the representation dated 21.06.2018 in accordance with law and within a stipulated period.

For Petitioner : Mr.K.Govi Ganesan For Respondents : Mr.A.N.Thambidurai, Spl.G.P

ORDER

The petitioner has come forward with the present writ petition, praying for issuance of a Writ of Mandamus to the respondents to consider the representation dated 21.06.2018 in accordance with law and within a stipulated period.

2. According to the petitioner, the petitioner's father Janarthanan was working in the Land Survey Department, While in service, the petitioner's father died on 23.03.1996. Consequently, on 02.01.2001, the petitioner was appointed as Field Assistant in the Land Survey Department under Compassionate grounds. While so, the grievance of the petitioner is that the first respondent rejected the request of the

petitioner for promotion to the post of Land Surveyor vide letter dated 20.06.2007. According to the petitioner, he passed S.S.L.C., by securing 235 marks out of 600 and he possessed all educational qualifications and also cleared the Tamil Test conducted by the Tamil Nadu Public Service Commission which is a condition precedent for a consideration his name in the promotion panel. Therefore the petitioner made representations on 05.07.2013, 04.03.2016 and 21.06.2018 to the respondents to consider his case for promotion. The grievance of the petitioner is that despite various representations made by him, the first respondent has not considered and no promotion has been effected in his favour. Hence the petitioner has come forward with the present writ petition.

3.The learned counsel for the petitioner would submit that without going into merits of the case since the representation made by the petitioner has been pending without any progress it would suffice even this Court directs the respondent and to consider and dispose of the representation made by the petitioner in accordance with law.

4. The learned Special Government Advocate appearing for the respondents while conceding the claim of the petitioner, would submit that if any such direction is given by this Court, the same would be complied with and the representation of the petitioner would be disposed of in accordance with law.

5. Considering the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner, without adverting of the merits of the case, the respondents are directed to consider the representation made by the petitioner on 21.06.2018, in accordance with law and on merits within a period of twelve weeks from the date of receipt of copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CJ Conf.) //True Copy// Sub Assistant Registrar Jrs

To 1 The Special Commissioner of Land Survey & Land Tax, Chepauk, Chennai 600 005.

2 The Asst. Director, District Land Survey Office, Collectorate,Krishnagiri.

+1cc to Mr.K.Govi Ganesan, Advocate, S.R.No.94886 +1cc to the Government Pleader, S.R.No. 95607 W.P.No.31931 of 2019 LN(CO) CS/19/12/2019