K.Muthuramalingam v. The Principal Chief

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE BATTU DEVANAND W.P.(MD)No.21442 of 2016 K.Muthuramalingam ...Petitioner Vs.

1. The Principal Chief Conservator of Forest, Panagal Maligai, Saidapet, Chennai - 15.

2. The Deputy Conservator of Forest, NGO 'B' Colony, Tirunelveli - 7.

3. The District Forest Officer, Boldenpuram, Tuticorin, Tuticorin District. ....Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus directing the Principal Chief Conservator of Forest, Chennai, the 1st respondent herein to include the name of the petitioner in the State Level Seniority list for the post of Plot Watcher in the respondent

department and grant other available benefits by considering the representation dated 07.07.2014 and legal notice dated 15.04.2015 of the petitioner in the light of the order dated 04.04.2014 passed in the Writ Petition in W.P.No.412 of 2011 on the file of this Court. For Petitioner : Mr.S.Siva Thilakar For Respondents : Mr.A.Kannan Additional Government Pleader

O R D E R

The petitioner submitted a representation dated 07.07.2014 before the 1st respondent requesting to include his name in the State Level Seniority List for the post of Plot Watcher in the respondentDepartment and grant other available benefits in the light of the Government Order passed in G.O.Ms.No.95, Environment (Forest) Department, dated 07.08.2009 and in the light of the order of this Court dated 06.11.2006 in W.P.Nos.18945 and 21575 of 2006. As no orders were passed, the petitioner filed W.P.(MD) No.411 of 2011. While disposing the said writ petition, by order dated 04.04.2014, this Court

directed the 1st respondent to consider the claim of the petitioner in the light of the Government Orders passed in G.O.Ms.No.95, Environment (Forest) Department, dated 07.08.2009 and in the light of the order dated 06.11.2006 in W.P.Nos.18945 and 21575 of 2006 within a period of six weeks from the date of receipt of a copy of the order.

2. The grievance of the petitioner is that in spite of specific direction from the Court, his claim to include his name in the State Level Seniority List for the post of Plot Watcher was not considered by the respondents. Again the petitioner issued a legal notice dated 15.04.2015 for considering his claim as per the order dated 04.04.2014 in W.P.(MD) No.411 of 2011.

3. Though the learned Special Government Pleader took notice on 10.11.2016, no counter affidavit has not been filed on behalf of the respondents till date.

4. Having heard the submissions of the learned counsel for the petitioner and the learned Additional Government Pleader appearing for

the respondents and upon perusal of the material available on record, in my considered opinion, it is appropriate to dispose of this writ petition without going into the merits of the case by directing the 1st respondent to examine the representation of the petitioner dated 07.07.2014 in the light of the order dated 04.04.2014 in W.P.(MD) No.411 of 2011 within the stipulated time, to meet the interest of justice.

5. Accordingly, this Writ Petition is disposed with a direction to the 1st respondent to examine the representation of the petitioner dated 07.07.2014 in the light of the order dated 04.04.2014 in W.P.(MD) No. 411 of 2011 and pass appropriate orders in accordance with law within a period of six weeks from today.

4. No costs.

26.09.2023 Index : Yes / No NCC : Yes / No CM

To,

1. The Principal Chief Conservator of Forest, Panagal Maligai, Saidapet, Chennai - 15.

2. The Deputy Conservator of Forest, NGO 'B' Colony, Tirunelveli - 7.

3. The District Forest Officer, Boldenpuram, Tuticorin, Tuticorin District.

BATTU DEVANAND, J.

CM W.P.(MD)No.21442 of 2016 26.09.2023