C. Manikandan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.09.2018

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD) No.19629 of 2018 C.Manikandan .. Petitioner Vs.

1. The State of Tamil Nadu, represented by the Principal Secretary to Government, Revenue Department, Secretariat, Fort St.George, Chennai - 600 009.

2. The Additional Chief Secretary and Commissioner of Revenue Administration, Revenue Administration, Disaster Management and and Mitigation, Ezhilagam,Chepauk, Chennai - 600 005.

3. The District Collector, Thanjavur District, Thanjavur.

4. The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, Park Town, V.O.C.Nagar, Chennai - 600 003.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the first respondent to pass appropriate orders on the Appeal Petition submitted by the Petitioner dated 26.7.2018 for cancellation of the Circular No.13/2017, ROC.No.Ser3(2)/12304/2017, dated 16.10.2017 issued by the second respondent and consequently revise the panel issued by the third respondent in R.C.No.A5/39132/2017, dated 30.04.2018 and to restore the seniority of the Petitioner in the post of Deputy Tahsildar within the time frame fixed by this Court.

For Petitioner :

Mr.G.Sankaran For Respondents :

Mr.R.Sethuraman 1 to 3 Special Govt.Pleader For Respondent-4 : Mr.K.K.Senthil

ORDER

This Writ Petition has been filed,for issuance of a writ of Mandamus, directing the first respondent to pass appropriate orders on the Appeal Petition submitted by the Petitioner dated 26.7.2018 for cancellation of the Circular No.13/2017, ROC.No.Ser3 (2)/12304/2017, dated 16.10.2017 issued by the second respondent and consequently revise the panel issued by the third respondent in R.C.No.A5/39132/2017, dated 30.04.2018 and to restore the seniority of the Petitioner in the post of Deputy Tahsildar within the time frame fixed by this Court.

2.Mr.R.Sethuraman, learned Special Government Pleader takes notice for the respondents 1 to 3 and Mr.K.K.Senthil, learned counsel takes notice for the fourth respondent. By consent of both parties, the main Writ Petition itself is taken up for final disposal at the stage of admission.

3.The case of the petitioner is that the Petitioner was initially appointed as Revenue Assistant by direct recruitment through Tamil Nadu Public Service Commission on 22.12.2009 and then promoted to the post of Deputy Tahsildar on 15.08.2015 after inclusion of my name in the panel for the year 2015. The next avenue of promotion is to the post of Tahsildar. While so, the third respondent issued proceedings, dated 30.4.2018 revising the list of Deputy Tahsildar 2015 panel by which the persons who are juniors to the Petitioner were placed in S.Nos. 4 to 7 and the Petitioner was placed in S.No.12. Aggrieved by the same, the Petitioner has preferred an appeal petition on 26.07.2018 to the Principal Secretary to Government, Revenue Department to rectify the same. Since the said appeal petition did not evoke any response, the petitioner is before this Court with the relief stated supra.

4. The learned Special Government Pleader appearing for the respondents 1 to 3 would submit that it is agreeable for the respondents 1 to 3 to consider the appeal petition filed by the petitioner within the time frame fixed by this Court. 5.In view of the submission, the respondent concerned is directed to consider the appeal petition filed by the petitioner, dated 26.07.2018 and to pass appropriate orders on the same in accordance with the law,after affording an opportunity of hearing to the Petitioner and other interested parties, if any, within a

period of three months from the date of receipt of a copy of this order, if there is no legal impediment to do so. 6.With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar (CS-I) To:

1. The Principal Secretary to Government, Government of Tamil Nadu, Revenue Department, Secretariat, Fort St.George, Chennai - 600 009.

2. The Additional Chief Secretary and Commissioner of Revenue Administration, Revenue Administration, Disaster Management and and Mitigation, Ezhilagam,Chepauk, Chennai - 600 005.

3. The District Collector, Thanjavur District, Thanjavur.

+ 1 CC TO Mr.K.K.SENTHIL, ADVOCATE IN SR No. 84238 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 84305 VSN TE/PM/SAR-1 : 30/10/2018 : 3P/6C W.P.(MD) No.19629 of 2018 11.09.2018