C.Thirunavukkarasu v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.19660 of 2017 C.Thirunavaukkarasu ... Petitioner Vs.

1.The District Collector, 2.The Revenue Divisional Officer, Periyakulam Revenue Division, Periyakulam, Theni District.

3.The Special Tahsildar, Adhi Thiravidar Welfare, Theni.

4.The Assistant Director, District Employment Office, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to take appropriate action for giving employment opportunity to the petitioner based on his representation, dated 06.03.2017 made to the first respondent.

For Petitioner : Mr.K.Kannan For Respondents : Mrs.J.Padmavathi Devi, Special Government Pleader.

ORDER

This writ petition has been filed seeking a direction to the respondents to consider the petitioner's representation dated 06.03.2017, seeking appointment under the special category of family member of the lands acquired by the Government. 2.Heard the learned counsel for the petitioner and the learned special Government Pleader for the respondents. 3.The case of the petitioner is that the agricultural land, to an extent of 4 acres, belonging to him, comprised in Survey Nos.486 and 487 of Jeyamangalam Village, was acquired by the third respondent. Even though the third respondent assured that the employment will be given, the claim of the petitioner seeking employment has not been considered by the respondents. Therefore,

the petitioner made a representation dated 06.03.2017 to the respondents and the same is pending without consideration. Hence, the petitioner is before this Court seeking the abovesaid relief. 4.This Court, in similar circumstances, passed orders in W.P.No.2827 of 2018 (K.Mohan Vs. The Special Tahsildar (L.A), SIPCOT, Gummidipoondi - 601 201) on 31.01.2019, directing the first respondent therein to consider the request of the petitioner therein. It would be useful to refer to the operative portion of the order, which reads as follows:

"3.It is seen that the petitioner has submitted a representation dated 02.07.2018 in respect of his claim to the fourth respondent and he has not made any representation to the first respondent. Considering the facts and circumstances of the case, the petitioner is directed to submit a fresh representation to the first respondent along with a copy of the representation made to the fourth respondent, in respect of his claim, within a period of two weeks from the date of receipt of a copy of this order. On such representation being received, the first respondent is directed to consider the same on merits and in accordance with law, after affording an opportunity of hearing to the petitioner, within a period of twelve weeks therefrom."

5.Following the same, this writ petition is disposed of, with a direction to the respondents to consider the claim of the petitioner based on his representation dated 06.03.2017 and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) ps To 1.The District Collector, 2.The Revenue Divisional Officer, Periyakulam Revenue Division, Periyakulam, Theni District.

3.The Special Tahsildar, Adhi Thiravidar Welfare, Theni.

4.The Assistant Director, District Employment Office, +1CC TO MR.K.KANNAN, Advocate Sr. No. 53680 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 53383 W.P.(MD)No.19660 of 2017 11.03.2019 TR (10.04.2019) 3P 7C