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Madras High CourtWP/35193/2019disposed of

T.Sivakumar v. The Secretary To Government Of Tamil Nadu

2019-12-19Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No. 35193 of 2019 and W.M.P.No.35973 of 2019 T.Sivakumar

...Petitioner

Vs.

1.The Secretary to Government of Tamil Nadu, Municipal Administration and Water Supply Department, Fort St.George, Chennai - 600 009.

2.The Commissioner of Municipal Administration, 10th Floor, Urban Administrative Office Campus, 75, Santhome High Road, Raja Annamalai Puram, Chennai - 600 028.

3.The Commissioner, Thirupur City Municipal Corporation, Thirupur - 641 604.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of Writ of Mandamus, directing the 2nd respondent to consider the petitioner's representation dated 13.08.2019 within a stipulated time. For Petitioner : Mr.M.Duraipandian For Respondents : Mr.S.Sureshkumar, Government Advocate for R1.

Mr.S.Silambarasan, Senior Counsel for Ms.P.Shanthi for R2 & R3.

O R D E R

This writ petition has been filed for the issue of writ of mandamus directing the respondents to consider the representation made by the petitioner on 13.08.2019.

2. The case of the petitioner is that he was directly appointed to the post of Technical Assistant in the year 2011. The grievance of the petitioner is that the petitioner is qualified to be appointed as a Assistant Engineer but however, the respondent has published an advertisement in the newspaper 1/2 https://hcservices.ecourts.gov.in/hcservices/

calling for applications to fill up the said post. According to the petitioner, there must be some ratio that must be maintained between the direct recruitment and in-service candidates and the same has not been done by the respondent / Corporation. Therefore, the petitioner has made a representation to the respondents on 13.08.2019. Since the same was not considered, the present writ petition has been filed before this Court.

3. Heard Mr.M.Duraipandian, learned counsel appearing on behalf of the petitioner and Mr. S.Sureshkumar, learned Government Advocate appearing on behalf of the 1st respondent for Ms.P.Shanthi for respondents 2 and 3.

4. Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for, there shall be a direction to the 3rd respondent to consider the representation made by the petitioner on 13.08.2019, on its own merits and in accordance with law and pass appropriate orders within a period of eight(8) weeks from the date of receipt of copy of this order.

5. This writ petition is disposed of with the above direction. Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To:

1.The Secretary to Government of Tamil Nadu, Municipal Administration and Water Supply Department, Fort St.George, Chennai - 600 009.

2.The Commissioner of Municipal Administration, 10th Floor, Urban Administrative Office Campus, 75, Santhome High Road, Raja Annamalai Puram,Chennai-600 028. 3.The Commissioner, Thirupur City Municipal Corporation, Thirupur - 641 604. +2cc to Mr.M.Duraipandian, Advocate SR.No.105569 +1cc to The Government Pleader Sr.No.106297 AKM/14.02.2020 /2P-7C/ W.P.No. 35193 of 2019 and W.M.P.No. 35973 of 2019 2/2 https://hcservices.ecourts.gov.in/hcservices/