1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.10.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD).No.12279 of 2011 V.Sivasubramanian : Petitioner Vs. 1.The District Collector, Virudhunagar District, Virudhunagar. 2.The District Employment Officer, District Employment Office, Virudhunagar District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the second respondent in his proceedings in A2/7522 Athi.Mu/09, dated 27.08.2009 and quash the same as illegal and violation of Principles of Law and further direct the second respondent to provide Employment Seniority to the writ petitioner within the stipulated period. For Petitioner : Mr.M.Jothi Basu For Respondents : Mr.M.Alagathevan Special Government Pleader ORDER ****** This writ petition has been filed by V.Sivasubramanian seeking for issuance of a Writ of Certiorarified Mandamus, to call for the records of the second respondent in his proceedings in A2/7522 Athi.Mu/09, dated 27.08.2009 and quash the same as illegal and violation of Principles of Law and further direct the second respondent to provide Employment Seniority to the writ petitioner within the stipulated period. 2. The learned Counsel appearing for the petitioner would submit that the second respondent has passed a proceedings in A2/7522 Athi.Mu/09, dated 27.08.2009 in violation of G.O.Ms.No.188, Personnel and Administrative Reforms (Per.P) Department, dated 28.12.1976 in and by which it has been mentioned that employment opportunity should be provided to the dependents of the land which was acquired for any public cause by the Government. Therefore, the case of the petitioner is that the petitioner's grandfather Poochan Chettiyar who was depending solely on his agricultural land covered in Survey No.230/1A at Valaikulam Village, Srivilliputtur Taluk, Virudhunagar District, admeasuring 3 acres 42 cents, admittedly lost his land to the Government while acquiring an extent of 29 cents cents in Survey No.230/1A under the Land Acquisition Act for the purpose of laying road from Rajapalayam to Shenbagathope. https://hcservices.ecourts.gov.in/hcservices/ 2 When it is not in dispute that the Government have acquired the land from the petitioner's grandfather Poochan Chettiyar, the second respondent should not have passed the one line order rejecting the request of the petitioner to register his name under the Land Acquisition category for an erroneous reason that he is the grandson of Poochan Chettiyar which means the son of the land owner alone will get the benefit of G.O.Ms.No.188, Personnel and Administrative Reforms (Per. P) Department, dated 28.12.1976. 3. Further, learned Counsel for the petitioner has brought to the notice of this Court a certificate issued by the Tahsildhar, Srivilliputtur, certifying that the petitioner is the eligible person to get the benefit of G.O.Ms.No.188, Personnel and Administrative (Per.P) Department, dated 28.12.1976 for the purpose of securing any job and an another communication addressed by the Commissioner and Secretary to Government, Employment Services Department, Chennai to the Director of Employment and Tranining, Madras, dated 29.02.1988 also shows that as long as the person seeking to register himself in the Employment Exchange is the person whose land has been acquired or is a member of the family of that person (family defined in the usual sense, Self, Husband, Wife, unmarried children) he is eligible for the concession under G.O.Ms.No.188, Personnel and Administrative Reforms (Per.P) Department, 28.12.1976. In the said communication, it is also mentioned that no time limit is necessary for getting the benefit of the said Government Order. However, the application should be supported by certificate from revenue autorities regarding the fact of acquisition and relationship of the applicant to the land owner. If we look at the case of the petitioner as already mentioned the petitioner has already obtained a certificate from the Tahsildhar, Srivilliputtu on 13.04.2009 in which the Tahsildhar has specifically mentioned that the petitioner's grandfather Poochan Chettiyar's land was acquired and therefore, the petitioner being grandson of Poochan Chettiyar, is entitled to get the benefit of G.O.Ms.No.188, Personnel and Administrative (Per.P) Department, dated 28.12.1976. 4. In support of his contention, the learned counsel appearing for the petitioner relies upon an order of this Court made in W.P.(MD)No.5928 of 2009, dated 02.03.2010 (S.Kanjana v. The Collector, Theni District, Theni and another) which is also on the same identical issue. In the said order, while considering G.O.Ms.No.188, Personnel and Administrative (Per.P) Department, dated 28.12.1976, the learned Judge has explicitly mentioned that the members of the family whose lands have been acquired for Government purposes or otherwise preference shall be given to those who are dependent for the livelihood primarily or only on the lands acquired who may be eligible for employment. Therefore, when the Government Order clearly provides that it does not only mean the son or the daughter of the land looser alone is entitled to get the benefit but it speaks about the dependents as well. 5. In view of the above observations, this Court is of the considered opinion that the petitioner being the grandson of Poochan Chettiyar whose land was admittedly acquired by the Government on 08.10.1953 and also when nobody in his family has enjoyed the benefit of of G.O.Ms.No.188, Personnel and Administrative (Per.P) Department, date 28.12.1976, the petitioner is entitled to get a direction from this Court https://hcservices.ecourts.gov.in/hcservices/ 3 against the second respondent. Accordingly, the second respondent is directed to pass appropriate order on the basis of G.O.Ms.No.188, Personnel and Administrative (Per.P) Department, dated 28.12.1976 and the said exercise shall be done 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. srm Sd/- Assistant Registrar[RTI] /True copy/ Sub Assistant Registrar To 1.THE DISTRICT COLLECTOR, VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR. 2.THE DISTRICT EMPLOYMENT OFFICER, DISTRICT EMPLOYMENT OFFICE, VIRUDHUNAGAR DISTRICT. +1 CC TO M/S.M.JOTHI BASU, ADVOCATE SR.NO.37088. Order made in W.P.(MD).No.12279 of 2011 Dated:29.10.2011 3P/4C RPB : 16.11.2011 https://hcservices.ecourts.gov.in/hcservices/