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Madras High CourtWP(MD)/3048/2019disposed of

P.Ponnuchamy, v. The Principal Secretary To

2022-12-08Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2022

CORAM

THE HON'BLE MRS.JUSTICE S.SRIMATHY P.Ponnuchamy ... Petitioner Vs.

1. The Principal Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.

2. The Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 005.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the first respondent i.e. the Principal Secretary to Government, Revenue Department , Chennai relating to Arasaanai (1d) No.02 dated 03/01/2019 and quash the decision taken by the Government and consequently direct the Government to include the name of the 1/5

petitioner in the backlog vacancy under item No.6 of the Deputy Tahsildar list of the year 2008 within a specified time frame that may be deemed fit and proper in the circumstances of the case. For Petitioner : Mr.S.Visvalingam For Respondent : Mr.R.Sureshkumar Additional Government Pleader

ORDER

This writ petition is filed to quash the G.O.(1D)No.02 Revenue and Disaster Management Department, dated 03/01/2019.

2. The claim of the petitioner is that the seniority was not fixed properly. However pending writ petition, the petitioner's claim was considered by the District Collector elaborately and has held that it is not a mistake of the individual for the delayed approval and recommended the case of the petitioner. The claim of the petitioner is that such recommendation was not considered by the first respondent. 2/5

3. On perusal of the Government Order, it is seen that the 1st respondent has considered the letters / communications which were sent in the year 2014 and 2015. The recommendation of the District Collector is in the year 2018. Therefore, this Court is remitting back the case of the petitioner to the first respondent to re-consider the claim of the petitioner in the light of recommendation of the District Collector, dated 06.09.2018. The said exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

4. With the above said direction, this Writ Petition is disposed of. No costs.

08.12.2022 Index :

Yes / No Internet :

Yes / No jbr 3/5

To

1. The Principal Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.

2. The Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 005.

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S.SRIMATHY, J jbr Order made in 08.12.2022 5/5