Palanichamy, S/O.Vellaichamy v. The Districrt Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.16339 of 2016 Palanichamy ... Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The District Revenue Officer, Virudhunagar, Virudhunagar District.

3.The Revenue Divisional Officer, Aruppukkottai, Virudhunagar District.

4.The Tahsildar, Kariapatti Circle, Virudhunagar District.

5.The Head Quarters Deputy Tahsildar, Kariapatti, Virudhunagar District. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India seeking for issuance of a Writ of Mandamus directing the Respondents to issue priority certificate to the Petitioner by considering the application, dated 29.01.2016 submitted before the 4th Respondent.

For Petitioner : Mr.V.Sankaranarayanan For Respondents : Mr.J.Gunaseelan Muthaiah, Government Advocate

O R D E R

Heard both sides. By consent, the main Writ Petition itself is taken up for final disposal. No counter-affidavit is filed on behalf of the Respondents.

2. The Petitioner has filed the present Writ Petition before this Court praying for passing of an order by this Court, in directing the Respondents to issue Priority Certificate to the

Petitioner by considering his Application, dated 29.01.2016 submitted before the Fourth Respondent.

3. It is not in dispute that the Fourth Respondent had received the Petitioner's Application, dated 29.01.2016, which was forwarded to the Fifth Respondent for necessary action. Till date, the Fifth Respondent has not taken any action in the subject matter in issue.

4.The Grievance of the Petitioner is that he has three sons namely Subramanian, Alaguraja, Chinnaraja and two daughters namely Vijayalakshmi and Tamaraiselvi, who are reportedly well educated and because of the inaction on the part of the Respondents in not taking steps to issue Priority Certificate in his favour regarding the Land Acquisition Proceedings initiated for public purpose with regard to his land in Survey No.99/2 affects him really, so that his wards did not secure any employment on priority basis in terms of G.O.ms.No.188 Personnel and Administrative Reforms (PersonnelP) Department, dated 28.12.1976.

5. Considering the fact that the Petitioner's Application, dated 29.01.2016 is now pending on the file of the Fifth Respondent for adjudication/consideration, at this stage, this Court without traversing upon the merits and contents of the Petitioner's Application/Petition, dated 29.01.2016, simpliciter, directs the Fifth Respondent to take up the said Application/Petition, dated 29.01.2016 and to dispose of the same on merits, within a period of four weeks from the date of receipt of a copy of this order (Of course after adhering to the Principles of Natural Justice by issuing notice to the Petitioner and others concerned if any, if situation so warrants). Needless for this Court to make a significant mention that the Petitioner is to render his assistance and unstinted co-operation to the Fifth Respondent so as to enable the latter to do needful in his favour, in the subject matter in issue, within the time afore stated.

With the above said Direction(s)/Observation(s), this Writ Petition stands disposed of. No Costs.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub-Assistant Registrar

To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The District Revenue Officer, Virudhunagar, Virudhunagar District.

3.The Revenue Divisional Officer, Aruppukkottai, Virudhunagar District.

4.The Tahsildar, Kariapatti Circle, Virudhunagar District.

5.The Head Quarters Deputy Tahsildar, Kariapatti, Virudhunagar District.

+One cc to Mr.V.Sankaranarayanan, Advocate, SR.No.48681 +One cc to The Speacial Government Pleader, SR.No.48618 pm RL/8C/3P/AAL/MPA/9/9/2016 W.P(MD)No.16339 of 2016 31.08.2016