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Madras High CourtWP(MD)/16625/2021disposed of

Sekar v. The Government Of Tamilnadu

2021-09-16Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.09.2021

CORAM

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.(MD) No. 16625 of 2021 Sekar ... Petitioner Vs.

1.The Government of Tamil Nadu, Represented by its Government Secretary, Rural Development and Panchayatraj Department, Fort St. George, Chennai.

2.The District Collector, Madurai District, Madurai.

3.The Commissioner cum Block Development Officer, Kottampatti Panchayat Union, Madurai.

4.The Clerk, Boothamangalam Panchayat Office, Melur Taluk, Madurai District.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 2nd respondent to provide the compassionate appointment based on the Petitioner Representation dated 25.10.2016 and recent representation dated 04.09.2021.

For Petitioner :

Ms.K.Malathi For Respondents :

Mr.A.K.Manikkam, Standing Counsel for State.

O R D E R

The Writ Petition is filed for the issuance of a Writ of Mandamus, directing the second respondent to provide the compassionate appointment based on the Petitioner Representation dated 25.10.2016 and recent representation dated 04.09.2021.

2. According to the writ petitioner, his father was working as Scavenger in the fourth respondent office and on 14.10.2016, his father died due to attack, while he was service. Thereafter, the Petitioner has submitted an application dated 25.05.2016 seeking 1/3

appointment on compassionate grounds. The said application is still pending. Subsequently, the petitioner sent reminders dated 15.05.2020 and 04.09.2021. However, to date, no orders have been passed. Hence he has filed the Writ Petition before this Court.

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

4. The learned Government Pleader appearing for the respondents has submitted that if the said application submitted by the petitioner is received within time, the same shall be considered in accordance with law as directed by this Court.

5. Considering the representation dated 25.10.2016 and subsequent representation dated 04.09.2021 sent to the respondents which are filed along with proof of acknowledgment in the typed set of paper, this Court, without expressing any opinion on merits, is inclined to direct the second respondent to consider the petitioner's representation dated 04.09.2010 and pass orders on its own merits and in accordance with law as expeditiously as possible within a period of 12 weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) mnr 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 1.The Government of Tamil Nadu, Represented by its Government Secretary, Rural Development and Panchayatraj Department, Fort St. George, Chennai.

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2.The District Collector, Madurai District, Madurai.

3.The Commissioner cum Block Development Officer, Kottampatti Panchayat Union, Madurai.

4.The Clerk, Boothamangalam Panchayat Office, Melur Taluk, Madurai District.

+1 CC to M/s.K.MALATHI, Advocate ( SR-29396[F] dated 16/09/2021 ) +1 CC to M/s.SPL. GP ( SR-29436[F] dated 17/09/2021 ) W.P.(MD).No.16625 of 2021 16.09.2021 RD(12.10.2021) 3P 7C 3/3