1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:03.11.2011 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.12498 of 2011 and M.P(MD)No.1 of 2011 Kandikannan @ Chinnakandi :Petitioner -Vs- 1. The Secretary to Government, Secretariat, Revenue Department, Chennai. 2. The District Collector, Karur District, Karur. 3. The Tahsildar, Karur Taluk, Karur. :Respondents. Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records of the third respondent in Na.Ka.No.A3/3343/94, dated 01.11.1994 and to quash the same and further to direct the respondents to consider the representation dated 18.07.2011 made by the petitioner, regarding his pension, salary and other benefits. For Petitioner :M/s.T.Murugan For Respondents :Mr.T.Alaguthevan,Special Govt.Pleader. ORDER The petitioner has come up to this Court by filing the present Writ Petition challenging the record of the third respondent in Na.Ka.No.A3/3343/94, dated 01.11.1994 and to quash the same and further to direct the respondents to consider the representation, dated 18.07.2011 made by the petitioner, regarding his pension, salary and other benefits. 2.The only case made by the learned counsel for the petitioner is that the petitioner having been appointed in the office of the second respondent as Village Assistant, was made to retire from service on 31.10.1994, instead of allowing the petitioner to retire on 1.7.98. Aggrieved by the said order, the petitioner said to have made number of representations stating that his original date of birth is 1.7.1938. But the petitioner's representation and his request were not properly considered and erroneously taking his date of birth as 1.5.1933, the third respondent passed an order dated 1.11.1994. https://hcservices.ecourts.gov.in/hcservices/ 2 3.The petitioner studied in CSI Primary School at Thalavapalayam and the school building was 50 years old and in view of the dilapidated condition of the building of the school, it fell down due heavy rain. All the records in the school got inside the mud soil and perished away and as a result of which the Headmaster of the school was unable to produce any certificate to show the correct date of birth of the petitioner. However, the records available with the Tahsildar,Karur Taluk, namely, in the service roll mentioning his date of birth as 1.7.1938 was not properly taken into consideration by the Tahsildar, Karur Taluk. Without believing the records maintained in the office of the third respondent, namely, Tahsildar at Karur Taluk and for the reason that the petitioner has failed to produce any acceptable certificate showing the correct date of birth of the petitioner, considering wrongly his date of birth as 1.7.1933, has passed an order permitting the petitioner to retire from service on 31.10.1994, though the petitioner mentions the correct date of birth as 1.7.1938. The petitioner even after his retirement on 31.10.1994 had not actively taken up the matter. Further with a delay of eight years, he approached the District Legal Aid Office that filed the Writ Petition only in the year 2011 seeking to quash the impugned order passed by the third respondent/Tahsildar at Karur Taluk in in Na.Ka.No.A3/3343/94, dated 01.11.1994, due to long lapse of time the Writ Petition cannot be taken up for consideration as it is hopelessly barred by 17 years of unexplained delay and hence the Writ Petition is liable to be dismissed. 3.Accordingly, the Writ Petition is dismissed. Consequently, connected Miscellaneous Petition is dismissed. No costs. Sd/- Assistant Registrar (AE) / TRUE COPY / Sub Assistant Registrar To: 1. The Secretary to Government, Secretariat, Revenue Department, Chennai. 2. The District Collector, Karur District, Karur. 3. The Tahsildar, Karur Taluk, Karur. +1CC to Mr.T.Alaguthevan, Special Government Pleader. SR.No.37799 +1CC to Mr.T.Murugan, Advocate. sR.No.38117. Vsn W.P(MD)No.12498 of 2011 RP/18.11.2011/2P/6C. 03.11.2011 https://hcservices.ecourts.gov.in/hcservices/