Madras High Court
The Tamil Nadu Generation And vs K. Mayilazhagan on 27 June, 2025
Author: R.Subramanian
Bench: R. Subramanian
W.A.No.1920 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27/6/2025
THE HONOURABLE Mr JUSTICE R. SUBRAMANIAN
AND
THE HONOURABLE Mr.JUSTICE K. SURENDER
Writ Appeal No.1920 of 2025
and
C.M.P.No.14624 of 2025
1. The Tamil Nadu Generation and
Distribution Corporation Limited
rep. By its Secretary
144 Anna Salai
Chennai 600 002.
2. The Chief Engineer/Personnel
The Tamil Nadu Generation and
Distribution Corporation Limited
144 Anna Salai
Chennai 600 002. ... Appellants
Vs
1. K. Mayilazhagan
2. The Sub Collector
Tirupathur
Vellore District.
3. J. Jayakanthan
C/o. Tamil Nadu Generation and
Distribution Corporation Limited
rep. By its Secretary
No.144 Anna Salai
Chennai 600 002. ... Respondents
1/6
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W.A.No.1920 of 2025
Appeal filed under Clause XV of the Letters Patent to call for the
records relating to the order dated 6/11/2023 made in W.P.No.5430 of 2019,
set aside the same and consequently, dismiss the writ petition.
For appellants ... Mr.K.Rajkumar
For respondent ... Mr.K.N.Pandian
for R.1
Mr.T.Chandrasekaran
Special Government Pleader
for R.2.
------
JUDGMENT
(Judgment of the Court was made by the Hon'ble R.Subramanian J) The candidature of the first respondent for the post of Technical Assistant under the priority quota of land losers was unjustly rejected by the appellants, leading to the filing of the writ petition.
2. Admittedly, G.O.Ms.No.188, dated 28th December 1976, provides for priority for persons whose lands have been acquired by the Government for public purpose. It is not in dispute that the land belonging to the first 2/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/07/2025 04:42:49 pm ) W.A.No.1920 of 2025 respondent's father was acquired for the purposes of providing free house sites to the Adi Dravidars and a certificate to that effect was issued by the Sub-Collector, Tiruppur, on 1/3/2017. This certificate was produced by the first respondent when he appeared for certificate verification on 14/2/2019. However, another certificate dated 15/2/2019 was also produced subsequently, stating that the first respondent and others are the heirs of the land owner, Kanagesan. Claiming that second certificate was furnished beyond the cut off date, the appellants refused appointment leading to the writ petition. The writ Court held that even if the certificate has been produced after the cut off date, the first respondent would be entitled to the job under the priority quota.
3. Mr.K.Rajkumar, learned counsel appearing for the appellants, would vehemently contend that if the certificates produced after the cut off date are directed to be entertained, that would be opening flood gates and several claims which have been rejected will have to be resurrected on the basis of the order of the writ Court.
4. No doubt, the appellants are entitled to insist on production of 3/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/07/2025 04:42:49 pm ) W.A.No.1920 of 2025 certificates and if proper certificates are produced before the cut off date, the appellants would be bound to consider the candidates under the priority quota. Even without going into the validity or otherwise of the second certificate issued in February 2019, we find that the appellants' action in rejecting the candidature of the first respondent is illegal.
5. G.O.Ms.No.188 very specifically states that members of the family, whose lands have been acquired for Government purposes as well as for projects of different undertakings, which have sought for such lands, they would be entitled for priority in appointment. Fortunately, the appellants are not disputing the paternity of the first respondent. The fact is that, the certificate has been issued in the name of Kanagesan, who is the father of the first respondent, in February 2017. Once that much is admitted, then the first respondent would be entitled to priority even on the basis of the certificate issued in February 2017. Therefore, even if the certificate that has been issued subsequently after the cut off date is not accepted, the first respondent would be entitled to a job under the priority quota. Hence, we confirm the order of the learned Single Judge, though on different grounds and the direction to accept the certificate beyond the cut off date alone is 4/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/07/2025 04:42:49 pm ) W.A.No.1920 of 2025 deleted. However there will be a direction to the appellants to accommodate the first respondent in the job on the basis of the certificate issued in February 2017. We are also informed that the first respondent has already been employed.
6. This Writ Appeal is disposed of with the above observations. No costs. Consequently, connected Miscellaneous Petition is closed.
(R.SUBRAMANIAN, J) (K.SURENDER, J) 27th June, 2025 mvs.
Index: Yes/No Neutral Citation: Yes/No To
1. The Sub Collector Tirupathur Vellore District.
R.SUBRAMANIAN,J AND 5/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/07/2025 04:42:49 pm ) W.A.No.1920 of 2025 K.SURENDER, J mvs.
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