Sakthivel T v. The Chief Executive Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.09.2021

CORAM

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR T.Sakthivel ... Petitioner Vs.

1.The Chief Executive Officer, Tamilnadu Kathi Board, Kuralagam, Chennai.

2.The District Collector, Madurai District, 3.The Assistant Director, Kathi Board, ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the 2nd respondent to consider the order passed by the 1st respondent in his proceedings in Na.Ka. No.1064/E2(1)/2012 dated 22.01.2016 based on the petitioner's representation dated -01.2012, within the period stipulated by this Court.

For Petitioner :

Mr.H.Velavadhas For Respondents :

Mr.A.K.Manikkam, Counsel for State for R1 & R2.

Mr.Raguvaran Gopalan, Standing Counsel for R3.

O R D E R

This Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the second respondent to consider the order passed by the 1st respondent in his proceedings in Na.Ka. No.1064/E2 (1)/2012 dated 22.01.2016 based on the petitioner's representation dated -01.2012, within the period stipulated by this Court. 2.According to the writ petitioner, his A. Thinakaran, who was working as Assistant in the third respondent office died on 31.07.2011, while he was in service. Thereafter, the petitioner has submitted an application to the first respondent seeking compassionate appointment.

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3.The learned counsel for the petitioner submitted that the said application was submitted in the year 2012 within three years period and the same is still pending and no orders have been passed. 4.Mr. Raguvaran Gopdan, learned Standing Counsel appearing for respondent board, on instructions, would submit before this Court that the petitioner's application was forwarded to the second respondent to consider for appointment on compassionate grounds. The said application is still pending with the second respondent, District Collector. The copy of the first respondent's communication in Na.Ka.No.1064/E2(1)14, dated 22.01.2016 has been sent to the District Collector.

5.In view of the above said proposal pending with the second respondent, this Court without expressing any opinion on merits, directs the second respondent namely the District Collector, Madurai District to consider the said proposal submitted by the first respondent and take appropriate decision in accordance with law, if the petitioner is otherwise eligible and the status of the said proposal shall be communicated to the petitioner within a period of twelve weeks from the date of receipt of a copy of this order. 6.The Writ Petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) 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 Chief Executive Officer, Tamilnadu Kathi Board, Kuralagam, Chennai.

2.The District Collector, Madurai District, 2/3

3.The Assistant Director, Kathi Board, +1CC to M/s.GP (SR-28499[F] dated 08/09/2021) W.P.(MD).No.15047 of 2021 07.09.2021 RS (05.10.2021) 3P 5C 3/3