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M. Rajeshwari Vs. The District Collector, Ramanathapuram District and Others - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberW.P(MD) No. 18131 of 2016
Judge
AppellantM. Rajeshwari
RespondentThe District Collector, Ramanathapuram District and Others
Excerpt:
.....no.2 to issue "genuineness certificate" to the respondent no.4 in respect of petitioner's la (land acquisition) certificate issued by the respondent no.6 dated 17.02.2016 and consequently direct the respondent no.3 and 4 to register the name of the petitioner in the special category of "land looser by acquisition" by calculating seniority from the date of land acquisition proceeding i.e., 01.03.2007 and consider her appointment as per the g.o.ms.no.188, personal and administrative department dated 28.12.1976.) 1. this petition has been filed, seeking to quash the order dated 24.06.2016 of the 2nd respondent passed in na.ka.(a10)/2175/2016, by which the petitioner has been informed that she is not entitled to registration in the employment exchange on priority category. the.....
Judgment:

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorarified mandamus to call for record pertaining to impugned order passed by the Respondent No.2 in Na.Ka.(A10)/2175/2016 dated 24.06.2016 and the consequential Impugned order in A4/1545/2016 dated 10.08.2016 on the file of the Respondent No.3 and quash the same as illegal and consequently direct the Respondent No.2 to issue "Genuineness Certificate" to the Respondent No.4 in respect of Petitioner's LA (Land Acquisition) Certificate issued by the Respondent No.6 dated 17.02.2016 and consequently direct the Respondent No.3 and 4 to register the name of the petitioner in the special category of "Land Looser by Acquisition" by calculating seniority from the date of land acquisition proceeding i.e., 01.03.2007 and consider her appointment as per the G.O.Ms.No.188, Personal and Administrative Department dated 28.12.1976.)

1. This petition has been filed, seeking to quash the order dated 24.06.2016 of the 2nd respondent passed in Na.Ka.(A10)/2175/2016, by which the petitioner has been informed that she is not entitled to registration in the Employment Exchange on priority category. The petitioner also seeks to quash the consequential impugned order of the 3rd respondent in A4/1545/2016 dated 10.08.2016, declining the request of the petitioner to include her name under the category of LA (Land Acquisition), on the ground that the petitioner's husband has voluntarily gifted the land to the Government and it was not acquired by the Government under the acquisition proceedings.

2. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents.

3. The case of the petitioner is that her husband's land in S.No.82/2A3 to an extent of 0.04.5 Hectares and 11 cents, situate at Vella Village, Vellamaruchikatti Group, Ramanathapuram District has been acquired by the 5th respondent for establishing "Community Hall" to Adi Dravidar People; that her husband executed a gift deed in favour of the Government due to the continuous demand made by the Revenue Officials; in the year 2007, the 5th respondent has issued a priority certificate for employment on the category of "Land Looser by Acquisition", which was misplaced by her husband and hence, on 17.02.2016, the 5th respondent has issued another priority certificate to her husband; that since her husband was not willing to get a job under the priority category, the petitioner applied for priority on the ground of land looser and submitted a petition before the 4th respondent for registration of her name under the priority category of Land Acquisition; that on 01.03.2016, the 4th respondent sent a reply to the petitioner stating that after getting the genuineness certificate in respect of priority certificate from the 2nd respondent, further action would be taken on the matter; that due to inaction on the part of the respondents 2 and 4, the petitioner sent a legal notice to the 3rd respondent on 23.06.2016, pursuant to which, the impugned orders dated 24.06.2016 and 10.08.2016 were passed, which are under challenge in this writ petition.

4. It is seen that the husband of the petitioner has gifted the land, which exclusively belonged to him in favour of the Government for the purpose of construction of Community Hall to be used by the entire villagers. Though originally the 5th respondent had issued Employment Priority Certificate to the petitioner's husband, subsequently, the same has been cancelled on the ground that the land of the petitioner's husband has not been acquired by acquisition proceedings.

5. The orders passed by the respondents are lacking logic for the simple reason that when the Government accepted the land donated by the petitioner's husband for public use in the form of Community Hall, the Government must also show its fairness to the said person by extending some privileges either to him or to his family members and it is not known as to why such privilege has not been shown to the petitioner, who is the wife of the donor. According to the petitioner, her husband was given a priority certificate by the 5th respondent in the year 2007 itself and due to some personal inconvenience, he did not accept the offer at that time and also misplaced the said certificate. Even assuming for a moment that no such certificate was given to the husband of the petitioner, the gift of the land to the Government is not in dispute and therefore, the act of the respondents in refusing to issue genuineness certificate for the purpose of inclusion of his wife's name / petitioner herein in the priority category is wholly unjustifiable and therefore, the impugned orders are liable to be set aside.

6. Accordingly, the impugned order passed by the Respondent No.2 in Na.Ka.(A10)/2175/2016 dated 24.06.2016 and the consequential order of the 3rd respondent passed in A4/1545/2016 dated 10.08.2016 are hereby set aside. The petitioner shall give a representation to the 3rd respondent for inclusion of her name under the priority category of LA (Land Acquisition) and on receipt of such representation, the 3rd respondent shall consider the representation and pass orders thereon in the light of the observation made hereinabove within a period of four weeks from the date of receipt of a copy of this order.

With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.


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