R.Raja Laza Dhas, v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.10.2016

CORAM

THE HON'BLE Dr.JUSTICE S.VIMALA W.P(MD) No.20181 of 2016 R.Raja Laza Dhas ... Petitioner -vs1.The Secretary to Government, Secretariat, Fort St.George, Chennai.

2.The District Collector, Kanyakumari District, Nagercoil.

3.The District Employment Officer, The District Employment Office, Nagercoil, Kanyakumari District.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to include the name of the petitioner in the priority list maintained at the 3rd respondent office for acquiring the lands as per G.O.Ms.No.656 dated 29.06.1978 and to sponsor the name of the petitioner for any suitable job by considering the representation of the petitioner dated 27.09.2016. For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.M.Murugan Government Advocate

O R D E R

This Writ Petition has been filed seeking a direction to the respondents to include the name of the petitioner in the priority list maintained by the third respondent office. 2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate, who takes notice for the respondents. By consent the writ petition itself is taken up for final disposal at the admission stage.

3.The case of the petitioner is that he has parted with his only land in Survey No.6 at Thirparapu village. On 23.11.2009, the respondents, without issuing notice to the petitioner and without following relevant provisions, demolished his house for implementing Samathuvapuram scheme.

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4.According to the petitioner, as per G.O.Ms.No.656 dated 29.06.1978, priority should be given to the persons whose lands were acquired in employment exchange. Hence, the petitioner has given representation to the respondents to sponsor his name for any job in the priority category as per the said Government Order. This representation was forwarded by the Director of District Rural Development, Nagercoil to the Block Development Officer by the proceedings dated 16.02.2012 for taking necessary action. As the third respondent has not taken any action, this Writ petition has been filed, seeking necessary direction to the third respondent.

5.The learned counsel appearing for the petitioner also pointed out that by the proceedings dated 05.12.2014, the Joint Director of District Survey has informed the petitioner that as per seniority list received from the Employment Office, preference would be given for employment to the petitioner. But nothing had happened.

6.Therefore, the third respondent is directed to consider the representation of the petitioner dated 27.09.2016 in the light of the proceedings of the Joint Director of District Survey dated 05.12.2014 and to take further follow up action. 7.The Writ Petition is disposed of with the above observation. No costs.

Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To 1.The Secretary to Government, Secretariat, Fort St.George, Chennai.

2.The District Collector, Kanyakumari District, Nagercoil.

3.The District Employment Officer, The District Employment Office, Nagercoil, Kanyakumari District.

+1 cc to M/s.S.C.Herold Singh, Advocate in SR.No. 62638 +1 cc to The Special Government Pleader in SR.No. 62957 mj CSL/SS-2/18.11.2016: 2P/6C WP(MD)No.20181 of 2016 21.10.2016 https://hcservices.ecourts.gov.in/hcservices/