B.Dinesh Chandran v. The Additional Chief Secretary / The Commissioner Of Revenue Administration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2022 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI W.P(MD) No.376 of 2022 and WMP(MD) Nos.290 of 2022 B.Dinesh Chandran Petitioner Vs.

1.The Additional Chief Secretary/ The Commissioner of Revenue Administration and Disaster Management, Commissionerate, Ezhilagam Building, Chepauk, Chennai - 5.

2.The District Collector, Kanyakumari District, At Nagercoil.

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to fix the petitioner's position under "Grauate category"

while revising the seniority among Deputy Tahsildar/Tahsildar of Kanyakumari District, in consequences of the letter sent by the second respondent to the first respondent vide Letter No.A6/34603/2019, dated 06.10.2021; on the basis of the representation given by the petitioner, dated 15.12.2021. For Petitioner :Mr.K.P.Narayanakumar For Respondents :Mr.V.Nirmal Kumar Additional Government Pleader

O R D E R

This writ petition is filed for a Mandamus, directing the respondents to fix the petitioner's position under 'graduate category', while revising seniority among Deputy Tahsildar/Tahsildar of Kanyakumari District, based on the letter of the second respondent in A6/34603/2019, dated 06.10.2021 and by considering the petitioner's representation dated 15.12.2021. 2.The case of the petitioner is that he was appointed as Typist cum Junior Assistant in the year 1995 and after obtaining regular promotion, he is now working as Special Tahsildar (Land 1/3

Acquisition NH -47 (Unit I) Vilavancode. The grievance of the petitioner is that he ought to be considered for promotion of Deputy Tahsildar to Tahsildar under 'graduate category'. At this juncture, without considering the petitioner under 'graduate category', revised list of panel of Tahsildars for the year 2008 to 2020 has been drawn. According to the petitioner, he is liable to be considered 'under graduate category' and therefore, by referring the letter, dated 06.10.2021, the petitioner has also made a representation, dated 05.12.2021 and the same has not been considered. However, the respondent are taking intiative to fill up the posts of Tahsildar in Kanyakumari District within this month and therefore, this petitioner is before this Court. 3.Mr.Nirmal Kumar, learned Additional Government Pleader, who takes notice for the respondent seeks short accommodation to get instructions in this regard.

4.Considering the grounds raised by the learned counsel for the petitioner that the post of Tahsildar would be filled up soon, and as per the clarification of the second respondent in letter dated 06.10.2021, this writ petition is disposed of without expressing anything on the merits of the representation of the petitioner dated 15.12.2021, with a direction to the second respondent to consider the representation of this petitioner, dated 15.12.2021, within a period of four weeks from the date of receipt of a copy of this order, on its own merits and in accordance with law. While considering the representation of the petitioner, the respondent shall also take a note of the proceedings in letter No.A6/34603/2019, dated 06.10.2021 and pass orders. 7.With the above directions, the writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) vrn Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To 1.The Additional Chief Secretary/ The Commissioner of Revenue Administration and Disaster Management, Commissionerate, Ezhilagam Building, Chepauk, Chennai - 5.

2.The District Collector, Kanyakumari District, At Nagercoil.

+1 CC to M/s.SPL GP ( SR-1311[F] dated 11/01/2022 ) +1 CC to M/s.K.P.NARAYANAKUMAR, Advocate ( SR-1099[F] dated 11/01/2022 ) W.P(MD) No.376 of 2022 and WMP(MD) Nos.290 of 2022 10.01.2022 PS(CO) KB(08.02.2022) 3P 5C 3/3