K.Balamurugan v. The Tahsildhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2024

CORAM:

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD K.Balamurugan

...Petitioner

-VsThe Tahsildar, Kattumannarkoil Taluk, Cuddalore District.

...Respondent

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, directing the respondent to initiate appropriate action on the petitioner's representation dated 24.09.2024 within the time stipulated by this Court and pass such further orders.

For Petitioner :

Mr.R.Selvam For Respondent :

Mr.S.Rajesh Government Advocate

O R D E R

Mr.S.Rajesh, learned Government Advocate takes notice on behalf of the respondent. With the consent of both parties, this writ petition is taken 1/5

up for final disposal at the admission stage itself.

2. This writ petition has been filed seeking a direction to the respondent to initiate appropriate action on the petitioner's representation dated 24.09.2024 within the stipulated period of time.

3. Learned counsel appearing for the petitioner contended that the petitioner got qualified for the Post of Village Assistant participated in the selection procedure and got appointed vide the order of the Respondent having reference Na.Ka.A3/9201/2015 dated 14.11.2015, at Radhanallur Village, Kattumannarkoil Taluk. Since the date of appointment, the Petitioner had been discharging the duties to the fullest satisfaction of the Respondent, without any allegation whatsoever. In the above backdrop, vide order having reference Na.Ka.A3/5148/2017 dated 15.12.2017 on the file of the Respondent, the Petitioner successfully completed the probation and transferred to Atkondanatham Village, Kattumannarkoil Taluk. In the newly transferred post, also the Petitioner worked well without any allegation. Being that so, the Petitioner's father felt ill and required a permanent assistant to look after himself. Hence, this Petitioner, being the only son, had 2/5

to take care of his father. The father was taken to Chennai for his lungs treatment. Meantime, in order to take care of his father, this Petitioner sought relieve from duties. Then Tahsildar, Kattumannarkoil apprised the reason of the Petitioner and after perusing the records, relieved the Petitioner of his duties vide order having reference Na.Ka.A5/3915/2019 dated 13.01.2020. While so, due to failure of treatment, the Petitioner's father died on 20.10.2022. The Petitioner got married and has two female children. The Petitioner is striving without duties and without any income.

4. Learned counsel further submitted that the Petitioner attempted to rejoin the duty by approaching the office of the Respondent. However, there is no response. Thereafter, the Petitioner gave representation dated 24.09.2024 seeking the Respondent to consider the case of the Petitioner. However, till date there has been no action taken by the respondent so far. Hence, the writ petition is filed.

5. Learned Government Advocate appearing for the respondent submitted that the petitioner's representation would be considered on merits and in accordance with law by the authority concerned. 3/5

J.SATHYA NARAYANA PRASAD, J.

6. Heard both sides and perused the materials available on record.

7. Without going into the merits of the case, the respondent is directed to consider the representation of the petitioner dated 24.09.2024 and pass appropriate orders on merits, in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

In the result, the writ petition stands disposed of with the above observation and direction. No costs.

26.11.2024 cda Index : Yes / No Speaking / Non-Speaking order To The Tahsildar, Kattumannarkoil Taluk, Cuddalore District.

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