Vinoth Kumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.07.2022

CORAM

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN Vinoth Kumar ... Petitioner Vs.

1. The District Collector, Collectorate Buildings, Ramanathapuram, Ramanathapuram District.

2. The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.

3. The Deputy Director, Professional and Executive Employment Branch Office, K.Pudur, Madurai - 600 007.

4. The District Employment Officer, District Employment Office, Sivagangai, Sivagangai District.

5. The Tahsildar, Taluk Office, Thiruvadanai Taluk, Ramanathapuram District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the second respondent issue 'Genuineness Certificate' to the fourth respondent in respect of petitioner's land (Land Acquisition) certificate issued by the fifth respondent and consequently direct the third and fourth respondents to register the name of the petitioner in the priority category on considering the petitioner representation dated 28.06.2022.

For Petitioner :

Mr.R.Jagadeeswaran For Respondents :

Mr.M.Sitharthan Additional Government Pleader

O R D E R

The relief sought for in the present Writ Petition is to direct the second respondent to issue 'Genuineness Certificate' to the fourth respondent in respect of petitioner's land (Land Acquisition) certificate issued by the fifth respondent and consequently, direct the respondents 3

and 4 to register the name of the petitioner in the priority category based on the representation, dated 28.06.2022 submitted by him.

2. The learned counsel for the petitioner submitted that the petitioner's father gifted a land to the Government in S.F.No.71/5 with an extent of 16 cents at Aduthakudi Village, Thiruvadanai Taluk, Ramanathapuram District, for construction of Government Primary Health Centre. The sale deed was executed to the Government. The said Primary Health Center is functioning for the welfare of general public. The petitioner was given with Employment Priority Certificate by the fifth respondent. The respondents 3 and 4 refused to register the petitioner's Employment Priority Certificate on the ground that he has to produce Genuineness Certificate from the second respondent. Thereafter, the petitioner's father made a representation to the second respondent on 18.10.2021 to issue Genuineness Certificate. Followed by same, the petitioner has sent a representation on 28.06.2022. Till now, the said representation is not probably considered. Therefore, this petition.

3. Mr.M.Sitharthan, learned Additional Government Pleader takes notice for the respondents.

4. It is submitted by the learned counsel for the petitioner that the petitioner is entitled to be appointed on priority basis on the basis of priority certificate issued for gifting land to the Government as per G.O.Ms.No.188, Personal and Administrative Department, dated 28.12.1976.

5. It is seen from the certificate issued by the Tahsildar / fifth respondent that a priority certificate was issued in favour of the petitioner for giving preference in the matter of public employment.

6. Now, it is claimed by the respondents 3 and 4 that a Genuineness Certificate has to be given by the second respondent. The certificate is not yet given despite representation of the petitioner's father and the petitioner as mentioned above.

7. In the light of these facts, this Court directs the second respondent to consider the petitioner's representation, dated 28.06.2022 and pass appropriate orders, within a period of four weeks from the date of receipt of a copy of this order.

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

07.07.2022 Index : Yes / No Speaking Order : Yes / No vji Note: Issue order copy by 12.07.2022.

To

1. The District Collector, Collectorate Buildings, Ramanathapuram, Ramanathapuram District.

2. The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.

3. The Deputy Director, Professional and Executive Employment Branch Office, K.Pudur, Madurai - 600 007.

4. The District Employment Officer, District Employment Office, Sivagangai, Sivagangai District.

5. The Tahsildar, Taluk Office, Thiruvadanai Taluk, Ramanathapuram District.

G.CHANDRASEKHARAN, J.

vji 07.07.2022