K.Kulandaivel, v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.04.2018
CORAM
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.7400 of 2018 K.Kulandaivel : Petitioner Vs.
1. The State of Tamil Nadu, Rep. by its Secretary to Government, Revenue & Disaster Management Department, Services Wing, Ser-I Section, Secretariat, Chennai - 9.
2. The State of Tamil Nadu, Rep. by its Chief Secretary to Government, Public (Special-A) Department, Secretariat, Chennai - 9.
3. The Principal Secretary and Commissioner of Revenue Administration, Revenue Department, Chepauk, Chennai - 5.
4. The Managing Director, TASMAC, CMDA Tower-II, Egmore, Chennai - 8.
: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents 2 and 3 to promote the petitioner notionally as Deputy Collector w.e.f., 29.07.2011 and as District Revenue Officer w.e.f., 28.02.2017 the date on which his junior viz., M.Neelaveni was promoted and confer all other consequential monetary benefits arising thereon in the light of G.O.(2D).No.4 dated 08.01.2018 and by considering the petitioner's representation dated 27.03.2018 and 31.03.2018.
For Petitioner : Mr.C.Venkateshkumar for M/s. Ajmal Associates For Respondents : Mrs.S.Srimathy Special Government Pleader
O R D E R
************ By consent, the writ petition is taken up for final disposal at the admission stage itself.
2.The prayer sought for in this writ petition is for a writ of Mandamus directing the respondents 2 and 3 to promote the petitioner notionally as Deputy Collector w.e.f., 29.07.2011 and as District Revenue Officer w.e.f., 28.02.2017 the date on which his junior viz., M.Neelaveni was promoted and confer all other consequential monetary benefits arising thereon in the light of G.O.(2D).No.4 dated 08.01.2018 and by considering the petitioner's representation dated 27.03.2018 and 31.03.2018. 3.Heard Mr.C.Venkateshkumar, learned Counsel appearing for the petitioner and Mrs.S.Srimathy, learned Special Government Pleader appearing for the respondents.
4.The learned Counsel appearing for the petitioner submits that though such an extent prayer had been sought for in the main writ petition, the petitioner would be satisfied if a direction is given by this Court directing the respondents to consider the representations of the petitioner dated 27.03.2018 and 31.03.2018 and to pass orders thereon on merits and in accordance with law within the time to be stipulated by this Court. 5.I have heard the learned Special Government Pleader appearing for the respondents herein in this regard. 6.In view of the said submission made by the learned Counsel appearing for the petitioner, as he seeks only an innocuous prayer of direction to the respondents to dispose of his representations on merits, this writ petition is disposed of at the admission stage with the consent of both sides by issuing the following direction:
6.1.The second and third respondents are directed to consider the representation of the petitioner dated 27.03.2018 and 31.03.2018 on merits and in accordance with law and pass orders thereon within a period of six weeks from the date of receipt of a copy of this order.
7.With the above direction, the writ petition stands disposed of. However, in the circumstances of the case, there shall be no order as to costs.
Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar
To
1. The Secretary to Government, State of Tamil Nadu, Revenue & Disaster Management Department, Services Wing, Ser-I Section, Secretariat, Chennai - 9.
2. TheChief Secretary to Government, State of Tamil Nadu, Public (Special-A) Department, Secretariat, Chennai - 9.
3. The Principal Secretary and Commissioner of Revenue Administration, Revenue Department, Chepauk, Chennai - 5.
+1cc to M/s. Ajmal Associates, Sr.No.60070 +1cc to Spl.Government Pleader Sr.No.60253 +1cc to Mr.B.Jameelarasu, Advocate Sr.No.60103 MR VB/SV/MMS/SAR3/12.04.2018/3P/7C ORDER MADE IN W.P.(MD)No.7400 of 2018 05.04.2018