K.Ponnugurusamy v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.10.2019
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI K.Ponnugurusamy ... Petitioner -Vs1.The District Collector, Virudhunagar District, Virudhunagar.
2.The Sub-Collector / Revenue Divisional Officer, Sivakasi, Virudhunagar District.
3.The Tahsildar, Vembakottai Taluk, Virudhunagar District.
4.The Special Tahsildar, Land Acquisition, Vembakottai, Virudhunagar District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to pass order on the proposal %.K.m2/249/2016, dated 08.02.2016 of the third respondent to provide preferential certificate of employment based on G.O.Ms.No.188, Personnel & Administrative Reforms (Personnel-P), Department, dated 28.12.1976. For Petitioner : Mr.T.S.Mohammed Mohideen For Respondents : Mr.C.M.Mari Chellaiah Prabhu, Additional Government Pleader.
ORDER
The present Writ Petition is filed to direct the second respondent to pass order on the proposal in %.K.m2/249/2016, dated 08.02.2016 of the third respondent to provide preferential certificate of employment based on G.O.Ms.No.188, Personnel & Administrative Reforms (Personnel-P), Department, dated 28.12.1976. 2.According to the petitioner, his land in Survey Nos.299/2B, 288/9B2 & 288/9B5, measuring 0.81 cents, 0.12.0 & 0.29.5 respectively, was acquired by the fourth respondent. As per G.O.Ms.No.188, Personnel & Administrative Reforms (Personnel-P) Department, dated 28.12.1976, the respondents ought to have provided public employment for the legal heirs of the petitioner. Therefore, the petitioner has sent an application, based on the said Government 1/3
Order, to appoint his younger son. The said application was forwarded by the third respondent, by his proceedings dated 08.02.2016, for issuance of certificate of preference in employment, to the second respondent. Till date, the second respondent has not passed any order on the proposal submitted by the third respondent. In such circumstances, the petitioner has come out with the present Writ Petition, seeking for a direction to the second respondent to pass orders on the proposal sent by the third respondent, dated 08.02.2016.
3.Heard Mr.C.M.Mari Chellaiah Prabhu, learned Additional Government Pleader, who takes notice on behalf of the respondents. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
4.Considering the nature of relief and the submission made by the learned counsel appearing for the petitioner, the second respondent is directed to consider the application of the petitioner, in the light of the proposal of the third respondent, dated 08.02.2016 and pass orders, on merits and in accordance with law, based on G.O.Ms.No.188, Personnel & Administrative Reforms (Personnel-P) Department, dated 28.12.1976, within a period of twelve weeks from the date of receipt of a copy of this order. 5.With the above direction, this Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar Myr To 1.The District Collector, Virudhunagar District, Virudhunagar.
2.The Sub-Collector / Revenue Divisional Officer, Sivakasi, Virudhunagar District.
3.The Tahsildar, Vembakottai Taluk, Virudhunagar District.
4.The Special Tahsildar, Land Acquisition, Vembakottai, Virudhunagar District.
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+1 CC to M/s.J. IMRAN KHAN, Advocate ( SR-90649[F] dated 01/10/2019 ) +1 CC to M/s.GP ( SR-91216[F] dated 03/10/2019 ) W.P.(MD)No.21071 of 2019 01.10.2019 JM/17.10.2019/3P/7C 3/3