Sudalai Vadivu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:23.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Sudalai Vadivu ... Petitioner Vs.

1.The District Collector, Thoothukudi District, Thoothukudi 2.The District Revenue Officer, Thoothukudi District, Thoothukudi.

3. The Revenue Divisional Officer, Kovilpatti Division, Kovilpatti, Thoothukudi District.

4. The Tahsildar, Kayathar Taluk, Thoothukudi District.

... Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein more particularly the 4th respondent to accept the petitioner's destitute widow certificate issued by the 3rd respondent in D.Dis./B6/5279/2021 dated 23.08.2021 during the personal interview to be held on 05.01.2023 in the 4th respondent's office and give preference in the selection process for the post of Village Assistant in 1/5

Therku Vandanam Village, by considering her representation dated 04.12.2022 and take appropriate decision within a time stipulated by this Court. For Petitioner : Mr.D.Nallathambi For Respondents : Mr.C.Satheesh Government Advocate

O R D E R

This writ petition has been filed for a direction to the respondents herein more particularly the 4th respondent to accept the petitioner's destitute widow certificate issued by the 3rd respondent in D.Dis./B6/5279/2021, dated 23.08.2021, during the personal interview to be held on 05.01.2023 in the 4th respondent's office and give preference in the selection process for the post of Village Assistant in Therku Vandanam Village, by considering her representation, dated 02.12.2022 and take appropriate decision within a time stipulated by this Court.

2. The case of the petitioner is that she belongs to Hindu Maravar Community, which is de-notified community(MBC category). She studied upto 9th standard. She was married to one Senthil Kumar. Her husband passed away leaving behind two female children. She has no source of income and she has been depending on her parents to survive. While the matter stood thus, the 2/5

fourth respondent issued a notification calling for application for the post of Village Assistant. The petitioner also intended to make on-line application for the said post. However, she was not able to upload her destitute widow certificate while applying for the said post. Hence, she made a representation to the first respondent on 02.12.2022 along with her destitute widow certificate issued by third respondent, requesting to consider her destitute widow status and give appointment under priority category. Thereafter, she received a Hall Ticket to attend the examination on 04.12.2022. Accordingly, the petitioner also attended the examination and thereafter, the fourth respondent issued a summon to attend the personal interview on 05.01.2023. However, no order was passed on the petitioner's representation. Hence, the petitioner has filed this writ petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the first respondent is directed to consider the petitioner's destitute widow certificate at the time of interview, based on her representation dated 02.12.2022.

4. The learned Government Advocate appearing for the respondents, on instructions, would submit that the petitioner's destitute widow certificate will 3/5

be considered at the time of interview to be conducted on 05.01.2023.

5. Considering facts and circumstances of the case, this Court, directs the first respondent to consider the petitioner's destitute widow certificate and consider her candidature under priority category at the time of interview to be conducted on 05.01.2023..

6. With the above direction, this Writ Petition is disposed of. No costs. 23.12.2022 pm To 1.The District Collector, Thoothukudi District, Thoothukudi 2.The District Revenue Officer, Thoothukudi District, Thoothukudi.

3. The Revenue Divisional Officer, Kovilpatti Division, Kovilpatti, Thoothukudi District.

4. The Tahsildar, Kayathar Taluk, Thoothukudi District.

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M.DHANDAPANI,J.

pm 23.12.2022 5/5