Madras High CourtWP(MD)/15177/2021disposed of

Arivuchutar.Su v. The Principal Secretary And Commissioner Of Revenue

2021-08-26Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.08.2021

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR 1.Su.Arivuchutar ... Petitioners Vs.

1.The Principal Secretary and Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai-600 005.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent i.e., the Principal Secretary and Commissioner of Revenue Administration, Chennai to pass appropriate orders on the petitioner's representation dated 30.06.2021 regarding re-drawal of the approved list of Deputy Tahsildars of the year 2018 as per the provisions contained under Section 7(1) of the Tamil Nadu Government Servant (Conditions of Service) Act, 2016 and circular instructions issued by the Commissioner of Revenue Administration, Chennai in his circular No.01/2018 communicated in R.C.No.Ser3(3)/25427/2018 dated 08.10.2018, within a specified time frame to be fixed by this Court.

For Petitioner : S.Visvalingam For Respondents : Mr.A.K.Manickam, learned counsel.

ORDER

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, directing the respondent i.e., the Principal Secretary and Commissioner of Revenue Administration, Chennai to pass appropriate orders on the petitioner's representation dated 30.06.2021 regarding re-drawal of the approved list of Deputy Tahsildars of the year 2018 as per the provisions contained under Section 7(1) of the Tamil Nadu Government Servant (Conditions of Service) Act, 2016 and circular instructions issued by the Commissioner of Revenue Administration, Chennai in his circular No.01/2018 communicated in R.C.No.Ser3(3)/25427/2018 dated 08.10.2018, within a specified time frame to be fixed by this Court.

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2. Heard the learned counsel appearing for the petitioner and the learned Counsel appearing for the respondent.

3. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

4. According to the petitioner, the District Collector has prepared the approved list of Deputy Tahsildars for the year 2018 and published vide his proceedings dated 29.06.2019 and his name was also included in the said list and thereafter, he was promoted and posted as Deputy Tahsildar, however, later he was reverted as Senior Revenue Inspector after the period of three months vide the District Collectors proceedings dated 18.10.2019 for want of vacancy. The grievance of the petitioner is that the approved list was not prepared as per the provisions contained under Section 7(1) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 and the Circular of the Commissioner of Revenue Administration, Chenai dated 08.10.2018. In such circumstances, the petitioner made a representation dated 30.06.

2021 to the respondent, seeking for redrawal of the list of Deputy Tahsildars for the year 2018 in proper perspective as per the provisions contained under Section 7(1) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 and the Circular of the Commissioner of Revenue Administration, Chenai dated 08.10.2018. Despite representation, since no action is forthcoming, the petitioner has filed the present writ petition.

5. The learned counsel for the respondents would submit that the respondent will look into the representation of the petitioner and the same would be considered if it is otherwise in order and appropriate orders would be passed.

6. Considering the facts and circumstances, without adverting to the merits of the Writ Petition, since the representation made by the petitioner is still pending with the respondent, this Court without expressing any opinion on merits, directs the respondent to consider the representation of the petitioner dated 30.06.2021 and pass appropriate orders therein, in accordance with law and on merits.

7. With the above direction, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) dn 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:

The Principal Secretary and Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai-600 005.

+1 CC to M/s.GP ( SR-27635[F] dated 31/08/2021 ) 25.08.2021 RK (23.09.2021) 3P 3C 3/3