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Madras High CourtWP(MD)/2097/2020disposed of

P.Sahadevan v. The Deputy Chairman

2020-03-09Honourable Mrs Justice J. Nisha Banu2 pages

W.P(MD)No.2097 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2020

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P(MD)No.2097 of 2020 P.Sahadevan .. Petitioner Vs.

1.The Deputy Chairman, V.O.Chidamabaranar Post Trust, Thoothukudi, Thoothukudi District.

2.The Secretary, V.O.Chidamabaranar Post Trust, Thoothukudi, Thoothukudi District.

3.The Traffic Manager, Cargo Handling Division, Traffic Department, V.O.Chidamabaranar Port Trust, Thoothukudi, Thoothukudi District.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to alter the petitioner's date of birth as 02.01.1966 instead of 01.01.1962 in his Service Register by taking account of the date of birth entered in his school Record Sheet based on the petitioner's representation dated 10.08.2012, 15.12.2015 and reminder representation dated 30.08.2019 submitted to the first and second respondents in person within the time limit that may be stipulated by this Court.

For Petitioner : Mr.G.Thalaimutharasu For Respondents : No Appearance

ORDER

This writ petition has been filed for issuance of a Writ of Mandamus to direct the respondents to alter the petitioner's date of birth as 02.01.1966 instead of 01.01.1962 in his Service Register by taking into account the date of birth entered in his School Record Sheet, based on the petitioner's representations dated 10.08.2012, 15.12.2015 and reminder representation dated 30.08.2019 submitted to the first and second respondents in person within the time limit that may be stipulated by this Court.

2.Since the writ petition itself has been filed seeking to dispose of the representation of the petitioner, notice to the respondents is dispensed with.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.2097 of 2020 3.The case of the petitioner is that the petitioner was joined as a Mazdoor in the respondent Port Trust in the year 1985 and his service was regularized in the cadre/category of Winch Man with effect from 18.02.2011. In his Service Register, the respondents have wrongly entered his date of birth as 01.01.1962 instead of 02.01.1966. Therefore, he submitted representations to the 1st respondent and the last one is dated 30.08.2019, which evoked no response. Hence, the petitioner has come up with the present writ petition.

4.The learned counsel for the petitioner would submit that it would suffice, if the representation of the petitioner dated 30.08.2019, is directed to be disposed of by the respondents 1 and 2 as per law.

5.Considering the limited scope of prayer sought for, this Court, without adverting to the merits of the case, directs the respondents 1 and 2 to consider the representation of the petitioner, dated 30.08.2019 and pass orders on merits and in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order. While sending the copy of this order, the petitioner shall enclose the copy of the representation, dated 30.08.2019 to the respondents 1 and 2. 6.With the above directions, this Writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS III) // True Copy // / /2020 Sub Assistant Registrar(CS) smn To 1.The Deputy Chairman, V.O.Chidamabaranar Post Trust, Thoothukudi, Thoothukudi District.

2.The Secretary, V.O.Chidamabaranar Post Trust, Thoothukudi, Thoothukudi District.

+1 CC to M/s.G.THALAIMUTHARASU, Advocate ( SR-10854[F] dated 10/03/2020 ) W.P(MD)No.2097 of 2020 KK/19.03.2020/ 2P- 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2