Madras High CourtWP(MD)/2665/2023disposed of

Selvaraj. A v. The District Collector

2023-02-09Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.02.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI A.Selvaraj ... Petitioner Vs.

1.The District Collector Madurai District, Madurai.

2.Revenue Division Officer Madurai Division, District Collectorate Complex, Madurai 3.The Tahsildar Madurai North Taluk, District Collectorate Complex, Madurai.

... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the respondents to provide compassionate appointment to the petitioner in the respondent's any one office on the death of his father Alagarsamy on 11.11.2010 while in service as Village Assistant within the stipulated period by considering the first respondent Communication in Na.Ka.No.G1/49365/17, dated 05.12.2017.

For Petitioner : Mr.M.Mohamed Sherbudeen For Respondents : Mr.C.Satheesh Government Advocate

O R D E R

This writ petition has been filed to direct the respondents to provide compassionate appointment to the petitioner in the respondent's any one office on the death of his father Alagarsamy on 11.11.2010 while in service as Village Assistant within the stipulated period by considering the first respondent Communication in Na.Ka.No.G1/49365/17,

dated 05.12.2017.

2. The case of the petitioner is that the petitioner's father Alagarsamy worked as a Village Assistant under the third respondent and he died in harness on 11.11.2010, while he was in service. Immediately, thereafter, the petitioner's mother made a representation dated 30.01.2012 for compassionate appointment. Thereafter, the petitioner made a representation on 07.08.2017 to the first respondent after attaining majority and on receipt of the same, the first respondent vide order, dated 05.12.2017 directed the third respondent to comply with certain conditions. However, no order was passed. Again the petitioner made a representation to the third respondent on 27.06.2019 and again the petitioner made a representations to the first respondent on 21.02.2022 and 07.03.2022, however, the same were not considered. Hence, the present writ petition is filed.

3. The learned counsel for the petitioner further submitted that it would suffice this Court may issue a direction to the respondents to consider the petitioner's representations, dated 27.06.2019, 21.02.2022 and

07.03.2022 and pass appropriate orders within a reasonable time.

4. Heard the learned counsel on either side and perused the materials available on record.

5. Considering the limited request made by the learned counsel for the petitioner, this Court directs the respondents to consider the petitioner's representations, dated 27.06.2019, 21.02.2022 and 07.03.2022 and pass appropriate orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs.

09.02.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No RM

To 1.The District Collector Madurai District, Madurai.

2.Revenue Division Officer Madurai Division, District Collectorate Complex, Madurai 3.The Tahsildar Madurai North Taluk, District Collectorate Complex, Madurai.

M.DHANDAPANI,J.

RM 09.02.2023