M. Suthagar v. The Addl Registrar (General)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI M.Suthagar : Petitioner Vs.

1.The Additional Registrar (General), Madurai Bench of Madras High Court, Madurai - 23.

2.The Principal District Judge, District Court, Ramanathapuram, 3.The Judicial Magistrate, Mudukulathur Court, Mudukulathur - 623 704, : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the second respondent to consider the representation of the petitioner dated 28.08.2019 to appoint the petitioner on compassionate ground. For Petitioner : Mr.A.John Vincent For Respondents : Mr.N.Mohideen Basha

O R D E R

*********** [Order of the Court was made by T.S.SIVAGNANAM, J.] Heard Mr.A.John Vincent, learned Counsel appearing on behalf of the petitioner and Mr.N.Mohideen Basha, learned Counsel appearing on behalf of the respondents.

2.The petitioner Mr.M.Suthagar, son of Moorthy was employed as Office Assistant in the Court of the Judicial Magistrate, Muthukulathur and he died in harness on 24.04.2018. The said Moorthy has left behind three legal heirs, namely, his wife / widow Smt.Selvi, the petitioner's son Sudhakar and daughter Suverharani. 1/3

The petitioner has filed an application for grant of appointment on compassionate ground and the application is now pending consideration before the second respondent and after submitting a representation on 28.08.2019, the petitioner is before this Court by way of this writ petition.

3.In our considered view, reasonable time should be granted to the second respondent to consider the application in accordance with law.

4.Learned Counsel appearing for the respondents has produced the written instructions given by the second respondent to the first respondent dated 07.11.2019 from which we find that the application is under consideration. The petitioner's mother Smt.Selvi was also directed to appear in person and she has been heard. Therefore, orders are to be passed by the second respondent shortly. 5.In the light of the above, we direct the second respondent to consider the application of the petitioner on merits, take note of all factors and pass a reasoned order in accordance with law as expeditiously as possible, preferably within four [4] weeks from the date of receipt of a copy of this order.

6.The Writ Petition stands disposed of, accordingly. However, there shall be no order as to costs.

Sd/- Assistant Registrar(AD-II) // True Copy // Sub Assistant Registrar(CS) MR To 1.The Additional Registrar (General), Madurai Bench of Madras High Court, Madurai - 23.

2.The Principal District Judge, District Court, Ramanathapuram, 2/3

3.The Judicial Magistrate, Mudukulathur Court, Mudukulathur - 623 704, +1CC TO MR.A.JOHN VINCENT, Advocate Sr. No.97564 +1CC TO MR.N.MOHIDEEN BASHA, Advocate Sr. No. 97529 Order made in Dated: 12.11.2019 MR(CO) TR(03.12.2019) 3P 6C 3/3