G. Maheswaran v. The Principal Secretary/ Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :06.10.2020

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.(MD) No.13766 of 2020 and W.M.P.(MD) No.11415 of 2020 G.Maheswaran

...Petitioner

Vs 1.The Principal Secretary / Commissioner of Revenue Administration, Chepauk, Chennai.

2.The District Collector, Collector Office, Virudhunagar District.

3.The District Revenue Officer, Collector Office, Virudhunagar District.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 1st respondent to dispose the petitioner's appeal dated 20.03.2019 filed against the 3rd respondent proceedings in Na.Ka.A2/25966/2015 dated 12.02.2019 and consequently direct the 3rd respondent to include the name of the petitioner in the seniority panel list of the year 2015. For Petitioner : Mr.K.Baalasundharam For Respondents : Mr.R.Murugaraj Government Advocate

ORDER

This Writ Petition has been filed to direct the 1st respondent to dispose of the petitioner's appeal dated 20.03.2019 and to direct the 3rd respondent to include the name of the petitioner in the seniority panel list of the year 2015.

2.By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself. 3.The grievance of the petitioner is that challenging the proceedings of the 3rd respondent in Na.Ka.A2/25966/2015, dated 12.02.2019, though he has preferred an appeal, dated 20.03.2019, before the 1st respondent, so far no action has been taken. Hence, the present writ petition.

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4.The learned counsel appearing for the petitioner urged this Court that a direction may be issued to the 1st respondent to dispose of the petitioner's appeal dated 20.03.2019, since the same is pending nearly for 11⁄2 years.

5.In reply, Mr.R.Murugaraj, learned Government Advocate appearing for the respondents would submit that the petitioner's appeal dated 20.03.2019, will be disposed of by the 1st respondent on merits and in accordance with law, within a time frame to be fixed by this Court.

6.Recording the submission made by the learned Government Advocate and due to the inaction on the part of the 1st respondent on considering the petitioner's appeal dated 20.03.2019, this Court is inclined to pass the following direction:- the 1st respondent is directed to consider the petitioner's appeal dated 20.03.2019 and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, without making any further delay in its decision making process;

7.With the above direction, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) mm 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 Principal Secretary / Commissioner of Revenue Administration, Chepauk, Chennai.

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2.The District Collector, Collector Office, Virudhunagar District.

3.The District Revenue Officer, Collector Office, Virudhunagar District.

+1 CC to M/s.GP ( SR-19322[F] dated 07/10/2020 ) W.P.(MD) No.13766 of 2020 06.10.2020 kg(CO) KK(21.10.2020) 3 P 5C 3/3