A.Edward Swamidhas v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08-08-2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY A.Edward Swamidhas, S/o Athisayamani, Door No. 3B North street, Shunmugapuram, Vadakku Vallioor, Radhapuram Taluk, Tirunelveli District- 627 117.

... Petitioner Vs

1. The District Collector, Tirunelveli District, Collectorate, Tirunelveli.

2. The District Revenue Officer, O/o The Collectorate, Tirunelveli District.

3. The Sub Collector / Revenue Divisional Officer, Cheranmahadevi, Tirunelveli District.

4. The Superintendent Engineer, Tamil Nadu Generation and Distribution Corporation Limited/ Maharaja Nagar, Tirunelveli District.

5. The Executive Engineer, Tamil nadu Generation and Distribution Corporation Limited, Vallioor, Tirunelveli District.

6. Jenifer Jeba Snowslin, W/o Andrew Raswin, Door no. 3A North street, Shnmugapuram, Vallioor, Tirunelveli District 627 117. ... Respondents 1/4

For Petitioner(s):

Mr. M.Saravanakumar For Respondent(s):

Mr.M.Lingadurai Special Government Pleader for R1 to R3 Mr.S.Deenadhayalan for R4 & R5 Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus or any other appropriate writ or order or direction in the nature of writ to direct the respondents 1 and 2 to permit the petitioner and the 6th respondent to undergone the DNA test through the appropriate Government Laboratory for the effective adjudication of Revision petition filed by the petitioner in R.C No. 3488678/2025 dt. 28.06.2025 and after obtaining final order in the Revision petition the respondent 4 and 5 may be permitted to terminal benefits Late A.Jebasither, foreman, to the original Legal heirs.

ORDER

The present writ petition is filed for issuance of a Writ of Mandamus directing the first and second respondent to permit the petitioner and the sixth respondent to undergo DNA test through the appropriate Government laboratory for effective adjudication of revision petition in R.C.No.3488678/2025 dated 28.06.2025 and consequently directing the respondents 4 & 5 to permit the terminal benefits of A.Jebasither, foreman, since the revision petition is pending before the District 2/4

Collector for appropriate adjudication.

2. Pending writ petition, the petitioner is seeking DNA test since the sixth respondent ought to give consent for the same. This Court cannot grant a positive direction. Therefore, the District Collector is directed to adjudicate the interim application submitted in the review application regarding the DNA test after hearing the petitioner and the sixth respondent and pass appropriate orders in accordance with law. It is made clear that DNA test shall be conducted after obtaning consent from the sixth respondent.

3. If the District Collector decides to conduct the DNA test then the same shall be conducted and if conducted, the report shall be submitted before this Court. In case, DNA test could not be conducted for any reason, the same shall be informed to this Court by way of report.

4. Post the case after the report received from the District Collector, Tirunelveli District.

sd/- 08/08/2025 / TRUE COPY / /2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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pjl TO 1 The District Collector Tirunelveli District, Collectorate, Tirunelveli. 2 The District Revenue Officer O/o the Collectorate, Tirunelveli District.

3 The Sub Collector / Revenue Divisional Officer, Cheranmahadevi, Tirunelveli District. 4 The Superintendent Engineer Tamil Nadu Generation and Distributiion Corporation Limited/ Maharaja Nagar, Tirunelveli District. 5 The Executive Engineer Tamil Nadu Generation and Distributiion Corporation Limited, Vallioor, Tirunelveli District.

Copy to The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai. +1. C.C. to M.SARAVANAKUMAR Advocate SR.No.8616(I) dated 08/08/2025

ORDER

IN WP(MD) No.21989 of 2025 Date :08/08/2025 NBF/SAR- /18/08/2025/ 4P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4