Madras High CourtWP(MD)/5647/2019disposed of

Kalaiarasan, v. Director Of Survey And Land

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.5647 of 2019 Kalaiarasan ... Petitioner vs 1.The Director of Survey and Land Records, Survey House, Chepauk, Chennai-600 009.

2.The Regional Deputy Director of Survey and Land Records, Madurai-625 320.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to consider the petitioner's objection dated 12.11.2018 and 10.12.2018 and to include the name of the petitioner in the seniority list by taking into account the date as 25.04.2016 the same.

For Petitioner : Mr.J.Anandkumar For Respondents : Mr.V.Anand Government Advocate

ORDER

The Writ Petition is filed seeking a direction to the first respondent to consider the petitioner's objection dated 12.11.2018 and 10.12.2018 and to include the name of the petitioner in the seniority list by taking into account the date as 25.04.2016.

2. Heard the learned Counsel appearing for the petitioner, the learned Government Advocate, who takes notice for the respondents. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself.

3. The case of the petitioner is that he was initially appointed as Field surveyor on 24.01.2013 in the respondent department. Though he reached the zone of consideration as on 25.04.2016, he was promoted as Sub Inspector of Surveyor only on 10.06.2016. Due to that, his name was not included in the next promotion panel for the year 2017-2018. Hence, the petitioner has made several representations and finally on 10.12.2018 to the respondents. Since the same have not been considered so far, the petitioner is before this Court by filing this writ petition. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate would submit that the representation of the petitioner would be considered within a time frame as fixed by this Court.

5. Considering the limited nature of the prayer as sought for by the petitioner, without going into the merits of the petitioner's case, the respondents are directed to consider the representation/objection of the petitioner, dated 10.12.2018 and pass appropriate orders, before finalisation of the next promotion panel, on merits and in accordance with law, after affording an opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

6. The Writ Petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar (WRITS) // True Copy // Sub Assistant Registrar ssl To 1.The Director of Survey and Land Records, Survey House, Chepauk, Chennai-600 009.

2.The Regional Deputy Director of Survey and Land Records, Madurai-625 320.

+1 CC to M/s.J.ANAND KUMAR, Advocate ( SR-53118[F] dated 11/03/2019 ) +1 CC to M/s.SPL GP ( SR-53590[F] dated 13/03/2019 ) W.P(MD) No.5647 of 2019 11.03.2019 DS/ /SAR- (04.04.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/