Citation : 2025 Latest Caselaw 4190 Mad
Judgement Date : 20 March, 2025
W.A(MD)No.764 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.03.2025
CORAM :
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.A(MD)No.764 of 2024
and
CMP(MD)Nos.5643 of 2024
THE TAMIL NADU MARITIME BOARD
REPRESENTED BY STATE PORT OFFICER,
NO.171, 3RD AND 4TH FLOOR,
SOUTH KESAVAPERUMALPURAM,
OFF.GREENWAYS ROAD,
RAJA ANNAMALAIPURAM,
CHENNAI 600 02. ... APPELLANT
vs.
1 L.PRADEEPA
2 THE DISTRICT COLLECTOR,
THOOTHUKUDI DISTRICT,
THOOTHUKUDI.
3 THE GOVERNMENT OF TAMIL NADU
REPRESENTED BY ITS SECRETARY,
HIGHWAYS DEPARTMENT,
FORT ST.GEORGE,
CHENNAI 600 009.
4 THE PORT OFFICER,
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1/5
W.A(MD)No.764 of 2024
RAMESHWARAM,
RAMANATHAPURAM DISTRICT. ...RESPONDENTS
(THE RESPONDENTS 2 TO 4 HEREIN ARE GIVENUP)
PRAYER : Writ Appeal filed under Clause 15 of the Letters
Patent, against the order dated 11.07.2023 made in W.P(MD)No.16613 of
2023.
For Appellant : Mr.J.Ashok
For R1 : Mr.K.Chengizkhan
For R2 : Mr.M.Sarangan
Additional Government Pleader
JUDGMENT
(Judgment of the Court was made by J.NISHA BANU, J.)
This writ appeal is filed against the order dated 11.07.2023
made in W.P(MD)No.16613 of 2023.
2. The only contention of the learned counsel for the appellant
is that though the Writ Court had not gone into the merits of the case,
had issued positive direction to appoint the 1st respondent / writ
petitioner under compassionate appointment scheme, by considering
her representations dated 30.04.2017 and 08.05.2023, within a period of
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eight weeks, which finding requires interference. He further submitted
that during the final hearing of the writ petition, the 1st respondent /
writ petitioner had only requested for consideration of her
representations dated 30.04.2017 and 08.05.2023 wherein, she had
sought for appointment on compassionate grounds and that her
representations could be considered in accordance with law.
3. In the light of the submissions made, the order impugned in
W.P(MD)No.16613 of 2023, dated 11.07.2023, is set aside insofar as the
positive direction for appointing the 1st respondent under
compassionate appointment scheme. However, there shall be a
direction to the appellant to consider the 1st respondent's representations
dated 30.04.2017 and 08.05.2023, wherein, she had sought for
employment on compassionate appointment scheme, on its own merits
and pass appropriate orders in accordance with law, within a period of
eight weeks from the date of receipt of a copy of this judgment.
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4. With the above direction, the Writ Petition stands disposed
of. No costs. Consequently, connected miscellaneous petition is closed.
[J.N.B, J.] [S.S.Y, J.] 20.03.2025 Index : Yes / No Neutral Citation : Yes / No bala
To
1 THE DISTRICT COLLECTOR, THOOTHUKUDI DISTRICT, THOOTHUKUDI.
2 THE GOVERNMENT OF TAMIL NADU REPRESENTED BY ITS SECRETARY, HIGHWAYS DEPARTMENT, FORT ST.GEORGE, CHENNAI 600 009.
3 THE PORT OFFICER, RAMESHWARAM, RAMANATHAPURAM DISTRICT.
4. THE STATE PORT OFFICER, TAMIL NADU MARITIME BOARD NO.171, 3RD AND 4TH FLOOR, SOUTH KESAVAPERUMALPURAM, OFF.GREENWAYS ROAD, RAJA ANNAMALAIPURAM, CHENNAI 600 02.
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J.NISHA BANU, J.
AND S.SRIMATHY, J.
bala
JUDGMENT MADE IN
DATED : 20.03.2025
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