M.Sahul Hameed v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2020
CORAM
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY and WMP(MD)Nos.11086 and 11087 of 2020 1.M.Sahul Hameed 2.M.Kader Mydeen 3.A.Sankara Lingam 4.K.Press Rajan ... Petitioners Vs.
1.The State of Tamil Nadu, rep. by its Secretary to Government, Revenue and Disaster Management Department, Secretariat, Chennai - 9.
2.The Additional Chief Secretary / Commissioner of Revenue Administration, Chepuak, Chennai.
3.The District Collector, Thenkasi District, Thenkasi.
4.The District Revenue Officer, O/o.the District Revenue Office, Collectorate, Thenkasi, Thenkasi District.
... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioners' for promotion to the post of Deputy Tahsildar through recruitment by transfer taking into consideration of crucial date as 15.09.2019 in Thenkasi District and consequently promote the petitioners to the post of Deputy Tahsildar taking into consideration of the seniority of the respective petitioners and by considering the petitioners' representation, dated 05.09.2020, within the period that may be stipulated by this Court. For Petitioner : Mr.M.Ajmal Khan Senior counsel For Respondents : Mr.K.Chellapandian Additional Advocate General Assisted M/s. M.Jayakumar, AGP
O R D E R
This writ petition has been filed by the petitioner to dispose of the representation dated 05.09.2020, whereby and where under the 1/3
petitioner seeks promotion to the post of Deputy Tahsildar through recruitment by transfer taking into consideration of the crucial date as 15.9.2020 and consequently to direct the respondents to promote the petitioners to the post of Deputy Tahsildar taking into consideration of the seniority of the respective petitioners and by considering the petitioners' representation dated 05.09.2020, within the time to be stipulated by this Court.
2.However, Mr.M.Ajmal Khan, learned Senior Counsel appearing for the petitioners would submit that the representation, dated 05.09.2020 has not been considered till date. 3.Mr.K.Chellapandian, learned Additional Advocate General appearing for the respondents would submit that it is doubtful whether any representation was made to the respondents, since the petitioner has not filed any proof for serving representation to the third respondent. In case, if the same is available with the third respondent, the third respondent will consider the same within a period of four weeks from the date of receipt of a copy of this order.
4.In view of the above, this Court directs the third respondent to dispose of the representation of the petitioner, dated 05.09.2020, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. 5.The Writ Petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) rj2 Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To:
1.The Secretary to Government, Revenue and Disaster Management Department, Secretariat, Chennai - 9.
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2.The Additional Chief Secretary / Commissioner of Revenue Administration, Chepuak, Chennai.
3.The District Collector, Thenkasi District, Thenkasi.
4.The District Revenue Officer, O/o.the District Revenue Office, Collectorate, Thenkasi, Thenkasi District.
+1 CC to SPL GP ( SR-19440[F] dated 08/10/2020 ) +3 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-19390[F] dated 08/10/2020 ) 06.10.2020 VB (20.10.2020) 3P 9C 3/3