Tamilselvi v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.09.2024

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE and W.M.P.(MD).No.14346 of 2019 Tamilselvi

...Petitioner

Vs.

1.The Commissioner, Madurai Corporation, Tallakulam, Madurai.

2.The Commissioner (Health), Municipal Administration, Ezhilagam Annex, Cheppauk, Chennai.

3.Chandrasekaran ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 and 2 to take necessary steps to include the name of the petitioner, her son and daughter in the Service Register of the third respondent by considering the petitioner's representation dated 05.07.2019 within a stipulated time in accordance with law.

For Petitioner : Mr.T.Poovanalingam 1/5

For R-1 : Mr.S.Vinayak, Standing Counsel For R-2 : Mrs.D.Farjana Ghoushia, Special Government Pleader For R-3 : Mr.P.Edin Brough

O R D E R

This Writ Petition has been filed for a Mandamus seeking for a direction to respondent Nos.1 and 2 to take necessary steps to include the name of the petitioner, her son and daughter in the Service Register of the third respondent based on the petitioner's representation, dated 05.07.2019, within a time frame to be fixed by this Court.

2. The petitioner claims to be the legally wedded wife of the third respondent. She claims that she has a son and a daughter out of wedlock with the third respondent. The third respondent was working in the Madurai Corporation. The petitioner claims that since the names of the petitioner, her son and daughter were not included in the Service Register of the third respondent, the petitioner has given a representation to respondent Nos.1 and 2 seeking to include their names in the Service Register of the third respondent. Since the representation has not been considered, the petitioner has filed this Writ Petition.

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3. No prejudice would be caused to the respondents, if the petitioner's representation is considered on merits and in accordance with law within a time frame to be fixed by this Court after giving an opportunity of hearing to the third respondent.

4. For the foregoing reasons, this Court directs the first respondent to pass final orders on merits and in accordance with law on the petitioner's representation, dated 05.07.2019, seeking to include her name and the name of her son and daughter in the Service Register of the third respondent, within a period of twelve weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the third respondent.

5. With the aforesaid direction, the Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 10.09.2024 NCC:yes/no Index:yes/no Internet:yes/no TSG 3/5

To 1.The Commissioner, Madurai Corporation, Tallakulam, Madurai.

2.The Commissioner (Health), Municipal Administration, Ezhilagam Annex, Cheppauk, Chennai.

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ABDUL QUDDHOSE, J.

TSG W.P.(MD).No.17878 of 2019 10.09.2024 5/5