V.Kumaresan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD) No.21012 of 2014 and M.P.(MD) No.1 of 2014 V.Kumaresan

...Petitioner

Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The District Employment Officer, Virudhunagar District, Virudhunagar.

...Respondents

PRAYER: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records in the Omu/A5/4550/2013 dated 18.10.2013 and quash the same and further direct the 2nd Respondent to register the petitioner preference certificate issued for Job Assistance by the Revenue Divisional Officer, Aruppukottai, Virudhunagar District. For Petitioner :Mr.M.Gururaj For Respondents :Mr.S.Kumar (1&2) Additional Government Pleader

O R D E R

The lands belonging to the writ petitioner's father were acquired for formation of master plan complex. Only a meagre amount was paid towards compensation. The Revenue Divisional Officer issued an identification certificate, certifying that the writ petitioner is entitled to be included in the priority category in the matter of public employment. But the second respondent has passed the impugned order stating that the writ petitioner cannot be included in the priority category as he got married already. The marital status of the writ petitioner is not a relevant consideration. The only point to be seen is whether the lands belonging to the writ petitioner's family was acquired or not.

2.In this case, this aspect of the matter is beyond doubt. As pointed out already, the Revenue Divisional Officer has issued a certificate in this regard. The duty of the second respondent was merely to act in terms of the said certificate issued by the https://hcservices.ecourts.gov.in/hcservices/

concerned competent authority. The second respondent erred in rejecting the request of the writ petitioner. The impugned proceedings dated 18.10.2013 issued by the second respondent is therefore quashed and the second respondent is directed to register the writ petitioner's name in the priority category. 3.The writ petition stands allowed. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar (T&P) /True copy/ Sub Assistant Registrar To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The District Employment Officer, Virudhunagar District, Virudhunagar.

+1cc to M/S.Special Government Pleader,SR. 40249 MM/ARUL KK/MR/SAR 2/22.01.2018/ 2P- 4C/ W.P.(MD) No.21012 of 2014 and M.P.(MD) No.1 of 2014 03.01.2018 https://hcservices.ecourts.gov.in/hcservices/