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Madras High CourtWP/35725/2019disposed of

P.Sathya v. The Commissioner Of Municipal

2020-01-02Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-01-2020

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.35725 of 2019 P.Sathya ... Petitioner -Vs1.The Commissioner of Municipal Administration, Chennai.

2.The District Collector, Krishnagiri.

3.The Commissioner, Krishnagiri Municipality, Krishnagiri.

4.The Tahsildar, Krishnagiri.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to give compassionate appointment to the petitioner by considering the representation made by the petitioner dated 10.9.2019 within the time to be stipulated by this Court.

For Petitioner : Mr.R.Chandrasekaran For Respondents : Mr.P.S.Sivashanmuga Sundaram, Special Government Pleader for R1, R2 & R4.

Mr.V.Jayaprakash Narayanan, Standing Counsel for R3.

O R D E R

By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. 2.This writ petition has been filed for issuance of Writ of Mandamus directing the respondents to consider the

representation made by the petitioner on 10.09.2019 and to grant her compassionate appointment.

3.The case of the petitioner is that she is the adopted daughter of one P.Rajeswari and Ponraj. The said Rajeswari was working as a Sanitary worker from 04.07.1996 in the 3rd respondent Municipality Office at Krishnagiri. After the adoption of the petitioner, necessary entries were also made in the service register of the said Rajeswari on 21.10.2005 by recognizing the petitioner as the adopted daughter of the above said Rajeswari. It is the further case of the petitioner is that her mother died on 20.04.2014 and her father predeceased her mother. At that time, the petitioner was a minor and by virtue of an order passed by the Principal District Court, Krishnagiri, one Madhaiyan was appointed as a guardian for the petitioner. 4.The petitioner after attaining majority, made a representation to the respondents in the year 2019 to consider her name for compassionate appointment in the 3rd respondent Municipality. Since the said representation was not acted upon, the present Writ Petition has been filed.

5.Heard the learned counsels on either side and perused the materials available on record.

6.Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the 3rd respondent to consider the representation made by the petitioner on 10.09.2019 and pass appropriate orders strictly in accordance with law within a period of eight weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the 3rd respondent along with a copy of the representation dated 10.09.2019 and a copy of this order. 7.This writ petition is disposed of with the above directions. There shall be no order as to costs. Sd/- Asst.Registrar (CCC) *Amended as per order of this Court dated 24.02.2020 and made in WMP.No.5204/20 in WP.No.35725 of 2019 -s/dAssistant Registrar(CS IX) dt 10/01/2020 //True Copy// Sub Assistant Registrar

To 1.The Commissioner of Municipal Administration, Chennai.

2.The District Collector, Amended order to be substituted For the order already Krishnagiri.

despatched on 20.01.2020 3.The Commissioner, Krishnagiri Panchayat Union, Krishnagiri.

4.The Tahsildar, Krishnagiri.

+1 cc to Mr.R.Chandrasekar Advocate sr15583 +1 cc to Government pleader sr986 W.P.No.35725 of 2019 aa10/01/2020 A.SK(05/03/2020)