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Madras High CourtWP(MD)/3472/2019disposed of

Shanmuga Ganesh, v. The Commissioner / Director

2019-03-11Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.3472 of 2019 Shanmuga Ganesh ... Petitioner Vs.

1.The Commissioner/Director Land Survey and Land Tax Department, Public Works Department Complex, Chepauk, Chennai.

2.The District Collector, Dindigul District, Dindigul.

3.The Assistant Director (General), Land Survey and Land Tax Department, Collectorate Complex, Dindigul.

... 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 appoint the petitioner in any suitable post under the compassionate grounds due to death of his father namely Manoharan based on his qualification and application, dated 30.01.2019.

For Petitioner :

Mr.V.Malaiyendran For Respondents :

Mr.S.Angappan, Government Advocate.

ORDER

This writ petition has been filed seeking a direction to the respondents to provide employment to the petitioner on compassionate ground, based on his qualification and application, dated 30.01.2019.

2.According to the learned counsel for the petitioner, seeking compassionate appointment, the petitioner submitted a representation to the respondent on 30.01.2019, enclosing all the required certificates and the same is pending without any progress. Hence, the petitioner has filed the present Writ Petition. https://hcservices.ecourts.gov.in/hcservices/ 3.The learned Government Advocate appearing for the respondents, on the other hand, submitted that there is a rival

claim related to the same issue raised by the erstwhile wife of the petitioner's father.

4.Such statement is refuted by the learned counsel appearing for the petitioner.

5.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court, without going into the merits of the petitioner's claim, directs the respondents to consider the representation of the petitioner, dated 30.01.2019 seeking for compassionate appointment and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner as well as any of the interested parties, within a period of eight weeks from the date of receipt of a copy of this order. 6.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) ps To 1.The Commissioner/Director Land Survey and Land Tax Department, Public Works Department Complex, Chepauk, Chennai.

2.The District Collector, Dindigul District, Dindigul.

3.The Assistant Director (General), Land Survey and Land Tax Department, Collectorate Complex, Dindigul.

+1CC TO MR.V.MALAIYENDRAN Advocate Sr. No. 53121 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 53363 W.P(MD)No.3472 of 2019 11.03.2019 TR (06.04.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/