V Elanchezhiyan v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and WMP (MD) Nos.12519 & 12520 of 2025 V.Elanchezhiyan : Petitioner Vs.
1. The State of Tamilnadu, Represented by its Principal Secretary, Commissionarate of Revenue Administration and Disaster Management, Chepauk, Chennai.
2. The Secretary to the Government, Department of Revenue and Disaster Management, Secretariat, Chennai.
3. The District Collector, Ramanathapuram District, Ramanathapuram.
: Respondents P RAYER:
Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the entire records pertaining to the impugned order in G.O.(2D) No.276 dated 30.08.2023 on the file of respondent No.2 and consequential impugned order in G.O.(1D) No.805 dated 06.11.2024 on the file of the Respondent No.1 and the consequential impugned order in 1/6
Roc.A1/16665/2024(DT 2018) passed by the Respondent No.3 dated 06.12.2024 and quash the same as illegal and direct the respondents to include the petitioners name in the panel of Deputy Tahsildar for the year 2018 and provide all consequential service and monetary benefits from that period with minimum interest within time stipulated by this Court.
For Petitioner : Mr.T.Thirumurugan For Respondents : Mr.K.Balasubramani Special Government Pleader
O R D E R
The present writ petition has been filed challenging the rejection order dated 30.08.2023 passed by the second respondent and the order dated 06.11.2024 passed by the third respondent, whereby the petitioner's request for inclusion of his name under the unfilled carryover vacancy allotted for Scheduled Tribes (Turn 150 - ST - COV - 2014) in the revised panel of Deputy Tahsildars for the year 2018 was denied.
2. The main grievance of the petitioner is that, although he was appointed on 18.03.2013, he was deputed for Bavanisagar training only on 27.05.2016 after a delay of three years and he completed the said training on 03.08.2019. However, the crucial date for inclusion in the 2/6
Deputy Tahsildar panel was 15.09.2018 and consequently, the petitioner's name was not considered for inclusion in the said panel. The petitioner submits that the delay in sending him for training was purely administrative in nature and not attributable to him. Furthermore, in the impugned order dated 06.11.2024, the third respondent has stated that the vacancy under the Scheduled Tribes category remained unfilled due to non-availability of eligible candidates. The petitioner, however, contends that he belongs to the Scheduled Tribes community and that his candidature was not duly considered for the said vacancy. Aggrieved by the same, the petitioner has filed the present writ petition seeking appropriate relief.
3. Per contra, the learned Special Government Pleader appearing on behalf of the respondents submits that the petitioner has an effective alternative remedy by way of an appeal before the Additional Chief Secretary / Commissioner of Revenue Administration, Chennai, as expressly indicated in the impugned order itself.
4. Heard the learned counsel for the parties and perused the materials available on record.
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5. In the light of the submissions made, this Court finds that the petitioner has an effective and adequate alternative remedy by way of an appeal before the Additional Chief Secretary / Commissioner of Revenue Administration, Chennai, as against the impugned order. Since the petitioner has not availed the said appellate remedy, this Court directs the petitioner to approach the appropriate appellate authority by filing an appeal. If such an appeal is filed within a period of two weeks from the date of receipt of a copy of this order, the delay in filing the appeal shall stand condoned. The appellate authority is directed to consider the appeal on merits and in accordance with law, after affording due opportunity to the petitioner, and pass appropriate orders as expeditiously as possible.
6. With this liberty, the writ petition stands disposed of. Consequently, connected miscellaneous petitions are closed. 19.06.2025 Index : Yes / No Internet : Yes / No PKN 4/6
To
1. The State of Tamilnadu, Represented by its Principal Secretary, Commissionarate of Revenue Administration and Disaster Management, Chepauk, Chennai.
2. The Secretary to the Government, Department of Revenue and Disaster Management, Secretariat, Chennai.
3. The District Collector, Ramanathapuram District, Ramanathapuram.
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VIVEK KUMAR SINGH, J.
PKN W.P.(MD) No.16478 of 2025 19.06.2025 6/6