Madras High Court
A.Rajeswari vs The Special Tahsildar on 7 November, 2016
Author: B. Rajendran
Bench: B.Rajendran
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.11.2016
CORAM:
THE HON'BLE MR.JUSTICE B.RAJENDRAN
W.P.No.38496 of 2016
and W.M.P.No.32969 of 2016
A.Rajeswari ... Petitioner
Versus
1. The Special Tahsildar,
Adi Dravida Welfare,
Vandavasi.
2. The District Adi Dravida
Welfare Officer,
Thiruvannamalai District. ... Respondents
Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of certiorarified mandamus, to call for the records of the first respondent in connection with the impugned order passed by him in Na.Ka.No.B/126/2016 dated 31.08.2016 and quash the same and direct the respondents to issue Preference Certificate to the petitioner for having acquired her land at Punnai Village, Vandavasi Taluk, Thiruvannamalai District to the extent of 3.06 Acres in Survey No.86/2A (Punjai) for using as house site for Adi Dravida People.
For Petitioner : Mr.M.Muthappan
For Respondents : Mr.P.Senthilvel,
Government Advocate
ORDER
At the outset, this Court, having regard to the facts of the case, is inclined to dismiss the writ petition in limini for the reasons recorded hereunder.
2. Originally, the petitioner's land was acquired by the Government way back in the year 1996 for setting up and/or establishing Adi-dravida Colony. After 20 years thereafter, the petitioner has come to the Court stating that his son may be given a preferential certificate, so that he can apply under preference quota for employment in Government Service, for having acquired her land.
3. Though this Court can have sympathy for the petitioner, the fact remains that this Court cannot entertain a petition of this nature especially when the petitioner's land was acquired in the year 1986. It is true that the Government issued an order stating that wherever lands are acquired, they can seek from the concerned authority for preferential certificate for employment of one member of his/her family. During the relevant period, i.e. from 1996, the petitioner failed to seek for such preferencial certificate. After lapse of 20 years, she approached the respondents seeking preferencial certificate for Government employment. The respondents also refused her application on the ground that such a certificate cannot be issued after a lapse of 20 years. Therefore, on the ground of delay in seeking the relief before this Court, this Court is not inclined to entertain this writ petition even for issuing a Mandamus to the respondents to consider the claim of the petitioner.
4. According the writ petition is dismissed in limini. No costs. Consequently, connected miscellaneous petition is closed. 07.11.2016 ogy To
1. The Special Tahsildar, Adi Dravida Welfare, Vandavasi.
2. The District Adi Dravida Welfare Officer, Thiruvannamalai District B. RAJENDRAN, J ogy W.P.No.38496 of 2016 07.11.2016 http://www.judis.nic.in