K.Sundaravalli v. The Commissioner Of Survey

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.04.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.4020 of 2017 K.Sundaravalli

...Petitioner

Vs.

1.The Commissioner of Survey & Settlement, Survey House, Chepauk, Chennai-600 005.

2.The Assistant Director of Survey, District Survey Office, Madurai District, Madurai-625 020.

...Respondents

PRAYER: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the first respondent i.e., the Commissioner of Survey & Settlement, Chennai to pass appropriate orders on the petitioner's appeal dated 03.08.2016, regarding non selection of the petitioner to the post of Field Surveyor by the Assistant Director of Survey Madurai,within a specified time frame that may be fixed by this Court.

For Petitioner : Mr.S.Visvalingam For Respondents : Mr.J.Gunaseelan Muthaiah, Government Advocate.

*****

O R D E R

This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus directing the first respondent i.e., the Commissioner of Survey & Settlement, Chennai to pass appropriate orders on the petitioner's appeal dated 03.08.2016, regarding non selection of the petitioner to the post of Field Surveyor by the Assistant Director of Survey Madurai, within a specified time frame that may be fixed by this Court. https://hcservices.ecourts.gov.in/hcservices/ 2.The learned counsel appearing for the petitioner would

submit that the petitioner would be satisfied, if his appeal dated 03.08.2016, is directed to be considered within a time frame stipulated by this Court.

3.Considering the limited scope of the prayer now sought before this Court by the learned counsel for the petitioner, without expressing any opinion on the merits of the petitioner's case, this Court is inclined to pass the following direction: 3.a.The first respondent is directed to consider the petitioner's appeal dated 03.08.2016, and to pass orders on merits and in accordance with law, if necessary after hearing the interested persons who may be aggrieved by the final order that may be passed by the first respondent in the appeal preferred by the petitioner. This exercise shall be done within a period of six weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(Protocol) /True copy/ Sub Assistant Registrar To 1.The Commissioner of Survey & Settlement, Survey House, Chepauk, Chennai-600 005.

2.The Assistant Director of Survey, District Survey Office, Madurai District, Madurai-625 020.

+1 cc to Mr.S.Visvalingam , Advocate in SR.No. 18986 +1 CC to Special Government Pleader in SR.No:19369 cmr/gsp AE/JC/SAR2/19.04.2017/2P/5C W.P.(MD).No.4020 of 2017 03.04.2017 https://hcservices.ecourts.gov.in/hcservices/