G.Satheesh v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.10.2018 CORAM :

THE HONOURABLE MR. JUSTICE SATRUGHANA PUJAHARI W.P. No.27655 of 2018 G.Satheesh ..Petitioner ..Vs..

1. The Collector, Nagapattinam Distict, Nagapattinam.

2. The Tahsildar, Kuthalam Taluk, Kuthalam, Nagapattinam District

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 14.04.2010. For Petitioner : Mr.R.Gururaj For Respondents : Mr.D.Suriyanarayanan Additional Government Pleader

O R D E R

Mr.D.Suriyanarayanan, learned Additional Government Pleader takes notice for the respondents. 2.By consent, this Writ Petition is taken up and disposed of at the stage of admission itself.

3. This Writ Petition has been filed seeking for a direction to the respondents to consider the petitioner's representation dated 14.04.2010.

4.The case of the petitioner in this Writ Petition is that the petitioner's father, who worked as Village Administrative Officer, died in harness on 25.06.1991, by which time the petitioner was only 7 months old and his sister was aged three years. Hence, the petitioner's mother,on behalf of her daughter, who attained majority, made an application on 25.11.2006, seeking compassionate appointment. However, the same was rejected on the ground https://hcservices.ecourts.gov.in/hcservices/

that the application made was beyond 3 years as stipulated in G.O.MS.No.120 Labour and Employment Department dated 26.06.1995. By that time the petitioner was a minor and after attaining majority, he made a representation on 14.04.2010, seeking compassionate appointment. Since, no orders have been passed till date, the petitioner has come forward with this Writ Petition seeking for the aforesaid relief.

5. Heard the learned counsel appearing for the parties and perused the materials on record.

6. Since, the application made by the petitioner's mother was rejected on the ground that the application was not made within the time limit as per G.O.Ms.No.120 Labour and Employment Department, dated 26.06.1995, the application made by the petitioner subsequent to the said rejection that too in the year 2010, deserves no consideration as the respondents are not obligated to pass orders on such representation.

7. In such premises, this court is of the view that the relief sought by the petitioner is devoid of merits. Hence, this Writ Petition stands dismissed. No costs.

Sd/- Assistant Registrar(CS v) //True Copy// Sub Assistant Registrar To

1. The Collector, Nagapattinam Distict, Nagapattinam.

2. The Tahsildar, Kuthalam Taluk, Kuthalam, Nagapattinam District +1 CC TO GOVERNMENT PLEADER SR.NO. 73041 W.P.No.27655 of 2018 ASK(04/12/2018) https://hcservices.ecourts.gov.in/hcservices/