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Madras High Court

M.Sahul Hameed vs The State Of Tamil Nadu on 6 October, 2020

Author: Krishnan Ramasamy

Bench: Krishnan Ramasamy

                                                                            W.P.(MD)No.13259 of 2020


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 06.10.2020

                                                       CORAM

                          THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

                                         W.P.(MD)No.13259 of 2020
                                                   and
                                     WMP(MD)Nos.11087 and 11088 of 2020

                      1.M.Sahul Hameed
                      2.M.Kader Mydeen
                      3.A.Sankara Lingam
                      4.K.Press Rajan                                   ... Petitioners
                                                           Vs.
                      1.The State of Tamil Nadu,
                        rep. by its Secretary to Government,
                        Revenue and Disaster Management Department,
                        Secretariat, Chennai – 9.

                      2.The Additional Chief Secretary / Commissioner
                                        of Revenue Administration,
                        Chepuak, Chennai.

                      3.The District Collector,
                        Thenkasi District, Thenkasi.

                      4.The District Revenue Officer,
                        O/o.the District Revenue Office,
                        Collectorate, Thenkasi,
                        Thenkasi District.                              ... Respondents



                      1/6
http://www.judis.nic.in
                                                                            W.P.(MD)No.13259 of 2020


                      Prayer: Writ petition is filed under Article 226 of the Constitution of
                      India, to issue a Writ of Mandamus, directing the respondents to consider
                      the petitioners' for promotion to the post of Deputy Tahsildar through
                      recruitment by transfer taking into consideration of crucial date as
                      15.09.2019 in Thenkasi District and consequently promote the petitioners
                      to the post of Deputy Tahsildar taking into consideration of the seniority
                      of the respective petitioners and by considering the petitioners'
                      representation, dated 05.09.2020, within the period that may be stipulated
                      by this Court.


                                  For Petitioner  : Mr.M.Ajmal Khan
                                                        Senior counsel
                                  For Respondents : Mr.K.Chellapandian
                                                  Additional Advocate General

                                                     ORDER

This writ petition has been filed by the petitioner to dispose of the representation dated 05.09.2020, whereby and where under the petitioner seeks promotion to the post of Deputy Tahsildar through recruitment by transfer taking into consideration of the crucial date as 15.9.2020 and consequently to direct the respondents to promote the petitioners to the post of Deputy Tahsildar taking into consideration of the seniority of the respective petitioners and by considering the petitioners' representation dated 05.09.2020, within the time to be stipulated by this Court. 2/6 http://www.judis.nic.in W.P.(MD)No.13259 of 2020

2.However, Mr.M.Ajmal Khan, learned Senior Counsel appearing for the petitioners would submit that the representation, dated 05.09.2020 has not been considered till date.

3.Mr.K.Chellapandian, learned Additional Advocate General appearing for the respondents would submit that it is doubtful whether any representation was made to the respondents, since the petitioner has not filed any proof for serving representation to the third respondent. In case, if the same is available with the third respondent, the third respondent will consider the same within a period of four weeks from the date of receipt of a copy of this order.

4.In view of the above, this Court directs the third respondent to dispose of the representation of the petitioner, dated 05.09.2020, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. 3/6 http://www.judis.nic.in W.P.(MD)No.13259 of 2020

5.The Writ Petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

06.10.2020 Index : Yes / No Internet : Yes/ No rj2 Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. 4/6 http://www.judis.nic.in W.P.(MD)No.13259 of 2020 To:

1.The Secretary to Government, Revenue and Disaster Management Department, Secretariat, Chennai – 9.
2.The Additional Chief Secretary / Commissioner of Revenue Administration, Chepuak, Chennai.
3.The District Collector, Thenkasi District, Thenkasi.
4.The District Revenue Officer, O/o.the District Revenue Office, Collectorate, Thenkasi, Thenkasi District.
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http://www.judis.nic.in W.P.(MD)No.13259 of 2020 KRISHNAN RAMASAMY, J.

rj2 W.P.(MD)No.13259 of 2020 06.10.2020 6/6 http://www.judis.nic.in