Madras High CourtWP(MD)/14300/2020disposed of

N.David Charles v. The District Collector

2020-10-14Honourable Mr Justice Krishnan Ramasamy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :14.10.2020

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.(MD) No.14300 of 2020 and W.M.P.(MD) No.11958 of 2020 N.David Charles ... Petitioner Vs 1.The District Collector, O/o. the District Collector, Tirunelveli District.

2.The Assistant Director, O/o. the Assistant Director, District Employment and Career Guidance Center, Collectorate Campus, Kokkirakulam, Tirunelveli District.

3.The Tahsildar, O/o. the Tahsildar, Palayamkottai Taluk, Tirunelveli District.

4.The Special Tahsildar, Land Acquisition, Tirunelveli District Collectorate Campus, Kokkirakulam, Tirunelveli District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to register the name of the petitioner in the special category of "Land Looser by Acquisition" and issue the Priority Certificate, in light of G.O.Ms.No.188, Personal and Administrative Department, dated 28.12.1976, within the time frame stipulated by this Court. For Petitioner :

Mr.T.Lajapathi Roy For Respondents :

Mr.M.Karuppasamy Government Advocate

ORDER

This Writ Petition is filed as against the delay in disposal of the petitioner's representation dated 02.10.2020. 2.By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 1/3

3.The grievance of the petitioner is that though he has made a representation dated 02.10.2020 before the respondents to issue the priority certificate for employment, no action has been taken by the respondents. Hence, the petitioner has filed the present writ petition.

4.The learned counsel appearing for the petitioner would submit that though the 4th respondent is the competent authority to issue the priority certificate to the petitioner for employment, so far no action has been taken on the petitioner's representation dated 02.10.2020 by him.

5.In reply, Mr.M.Karuppasamy, learned Government Advocate appearing for the respondents would submit that the 4th respondent is not empowered to issue the priority certificate to the petitioner and the 3rd respondent alone is empowered to issue the said priority certificate to the petitioner. He would further submit that the petitioner's representation dated 02.10.2020, will be disposed of on merits and in accordance with law, within a period of four weeks. 6.In view of the submissions made by the learned counsel on either side, this Court is inclined to pass the following direction:- i) if the 4th respondent is empowered to issue the said certificate, he is directed to consider the petitioner's representation dated 02.10.

2020 and pass appropriate orders on merits and in accordance with law, within a period of three weeks from the date of receipt of a copy of this order; ii) if the 4th respondent is not empowered to issue the said priority certificate, he is directed to forward the petitioner's representation dated 02.10.

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

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) Mm 2/3

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 District Collector, O/o. the District Collector, Tirunelveli District.

2.The Assistant Director, O/o. the Assistant Director, District Employment and Career Guidance Center, Collectorate Campus, Kokkirakulam, Tirunelveli District.

3.The Tahsildar, O/o. the Tahsildar, Palayamkottai Taluk, Tirunelveli District.

4.The Special Tahsildar, Land Acquisition, Tirunelveli District Collectorate Campus, Kokkirakulam, Tirunelveli District.

+1 CC to M/s.T. LAJAPATHI ROY, Advocate ( SR-20094[F] dated 15/10/2020 ) +1 CC to M/s.GP ( SR-20217[F] dated 15/10/2020 ) W.P.(MD) No.14300 of 2020 14.10.2020 NA(CO) AP(04/11/2020) 3 P 7C 3/3