Petitioner whose lands were acquired in 1979 sought an employment priority certificate for his son after his own 1991 certificate went unused. The Court upheld the rejection, holding the certificate is limited to one member per displaced family.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.23949 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.07.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T.ASHA
W.P.No.23949 of 2015
K.Kanakesan
...Petitioner
-vs-
3.The Special Tahsildar, Adi Dravidar and Tribal Welfare, Tirupattur, Vellore District. ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the proceedings in Mu.Mu.A1.2679/2014 dated .02.2015 (signed on 20.03.2015) on the file of the 2nd respondent quash the same and direct the respondents to issue
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W.P.No.23949 of 2015
employment priority certificate to the petitioner's son Mayil Azhagan in order to register his name in the District Employment office under the employment assistance to families displaced on account of acquisition of lands based upon the application of the petitioner dated 05.08.2013 to the 1st respondent, 09.06.2014 to the 2nd respondent and 23.07.2012 to the 3rd respondent.
: For petitioner Mr.S.Doraisamy
For respondents : Mr.V.Jeevagiridharan, Additional Government Pleader
*****
O RDER
Challenging the order passed by the second respondent
rejecting the petitioner's request to issue employment priority certificate to his son Mayil Azhagan, the petitioner is before this Court.
lands situated in S.F.No.94/1 measuring an extent of 2.23 acres in
Madapalli Village, Tirupattur Taluk, in the year 1979. These lands
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W.P.No.23949 of 2015
were acquired by the Government for the purpose of issuance of house to the Adi-Dravidar community people by the proceedings dated 27.07.1979 passed by the Special Tahsildar, Tirupattur. The petitioner had also received a compensation amount of Rs.15,139.70/-.
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W.P.No.23949 of 2015
acquisition of his lands, had studied Diploma in Electrical and Electronics Engineering in April 2007 and thereafter, passed his B.E.Degree in November 2010 and M.E. Degree in the year 2012. He is however unemployed.
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W.P.No.23949 of 2015
for priority in the employment.
the 3rd respondent, however, no order was passed by the 3rd
respondent. Since no action was taken, the petitioner had filed a writ petition in W.P.No.21679 of 2014 on the file of this Court and by an order dated 12.12.2004, this Court directed the 2nd respondent to pass appropriate orders. Ultimately, on 20.03.2015, the petitioner's application was rejected, aggrieved by which, the petitioner is before this Court.
the materials available on record.
even as early as on 26.06.1991, the Special Tahsildar, Adi-Dravidar and Tribal Welfare Department, Tirupattur, had issued a job
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priority certificate to the petitioner. After receiving the same, the petitioner had come forward to ask a job priority certificate to his son. This priority certificate can be issued only to one member of the family.
been made in the year 2013. The Government Order clearly specifies that such a certificate should be given to at least one person of the displaced family. The petitioner had already been issued with the certificate in the year 1991 and it is he who chose not to utilize the said certificate. Therefore, he cannot claim a 2nd
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certificate for his son, that too, after a lapse of over 30 years.
In the light of the above, the impugned order cannot be said to suffer from any infirmity. Consequently, this writ petition stands
dismissed. No costs.
10.07.2024
Internet : Yes Index : Yes/No Speaking order/Non-speaking order ssa
To
3.The Special Tahsildar, Adi Dravidar and Tribal Welfare, Tirupattur, Vellore District.
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W.P.No.23949 of 2015
P.T.ASHA, J.,
ssa
W.P.No.23949 of 2015
10.07.2024
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1 issue framed by the court
Can a displaced landowner's son obtain a job priority certificate when the father already received one in 1991 but did not use it?
1 provisions across 1 enactments
K.Kanakesan
The Collector, Vellore District, Vellore
The Revenue Divisional Officer/ Sub Collector, Tirupattur, Vellore District
The Special Tahsildar, Adi Dravidar and Tribal Welfare, Tirupattur, Vellore District
P.T.Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
