J.Venkatesan, v. The Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.06.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.25842 OF 2017 J.Venkatesan ... Petitioner Vs.
1. The Collector, Cuddalore District, Cuddalore.
2. The Secretary, Neyveli Lignite Corporation India Limited, Corporate Office, Block-I, Neyveli - 3, Panruti Taluk, Cuddalore District.
3. General Manager Land Acquisition - Resettlement and Rehabilitation Department, Neyveli Lignite Corporation India Limited, Corporate Office, Block-I, Neyveli - 3, Panruti Taluk, Cuddalore District.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records and quash the proceedings of the third respondent in his Lr.No.W.P.No.5118 of 2017/GM/LA-R&R/2017 dated 03.05.2017 and consequently directing respondents to provide the petitioner with a job commensurate with his education and also provide the petitioner with an alternative house pursuant to the acquisition of the lands of the petitioner under proceedings of the Special Tahsildar - I, Land Acquisition, Neyveli - 2, in his Na.Ka.Aa/1526/94 dated 06.04.1999.
For Petitioner : Mr.R.Gururaj
For Respondents: Mr.P.Sathish for R1 Additional Government Pleader Mr.N.Nithianandam for R2 and R3 Standing Counsel
O R D E R
The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus to call for the records and to quash the proceedings of the third respondent in Lr.No.W.P.No.5118 of 2017/GM/LA-R&R/2017 dated 03.05.2017 and to consequently direct the respondents to provide the petitioner with a job commensurate with his education and also provide the petitioner with an alternative house pursuant to the acquisition of the lands of the petitioner under proceedings of the Special Tahsildar - I, Land Acquisition, Neyveli - 2, in his Na.Ka.Aa/1526/94 dated 06.04.1999.
2.The case of the petitioner is that the petitioner's lands were acquired by the respondents during the year 1999 with promise of a job with the second respondent and an alternative residence. The petitioner received compensation, however, he was not provided with a job and alternative residence. Hence, he made representation to the first respondent seeking to provide a job commensurate with his education and also to provide an alternative house. The first respondent forwarded the same to the third respondent, pursuant to which the impugned order came to be passed. Hence, this writ petition. 3.The learned counsel appearing for the petitioner submitted that even in the impugned order, the third respondent has stated that 'on verification of the list sponsored by the District Collector, it is observed that your name has been included in the list, with regard to the acquisition of the above lands', however, the petitioner has not yet been provided with alternate site and employment.
4.The learned Standing Counsel appearing for the respondents 2 and 3 submitted that if the petitioner satisfy the eligibility criteria and if his candidature reaches the seniority his candidature will be considered in due course after fulfilling the previous candidature.
5.In view of the above, this writ petition stands disposed of with direction to the respondents to consider the petitioner's candidature based on the seniority, if the petitioner prescribe the requisite qualification.
6.The writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar pri To
1. The Collector, Cuddalore District, Cuddalore.
2. The Secretary, Neyveli Lignite Corporation India Limited, Corporate Office, Block-I, Neyveli - 3, Panruti Taluk, Cuddalore District.
3. General Manager Land Acquisition - Resettlement and Rehabilitation Department, Neyveli Lignite Corporation India Limited, Corporate Office, Block-I, Neyveli - 3, Panruti Taluk, Cuddalore District.
+1cc to Mr.D.Baskar, Advocate, S.R.No.36235 +1cc to Mr.N.Nithianandam, Advocate, S.R.No.36688 +1cc to the Government Pleader, S.R.No.36420 W.P.No.25842 of 2017 JPL(CO) PM/19/07/2022