V. Kailasam v. District Employees Exchange Officer
2012-01-09
M.JAICHANDREN
body2012
DigiLaw.ai
Judgment :- 1. The writ petition in W.P.No.7801 of 2009 had been filed by one V.Kailasam, son of Veeraboyan, whose land had been acquired by the Special Tahsildar (Land Acquisition) for the forming of a railway line. The writ petition in W.P.No.7825 of 2009, had been filed by the grand son of the said Veeraboyan. 2. In the above writ petitions, it has been stated that Veeraboyan was the owner of 5 acres and 14 cents of land, in Patta No.407, in S.Nos.1121 and 1122 at Sevathur Village, Tiruppattur Taluk, Vellore District. It has been further stated that the said lands had been acquired for the formation of a railway line. Veeraboyan and the members of his joint family were carrying on agricultural activities and they were eking out their livelihood only from the said lands. The lands in question had been acquired after a 4(1) notification had been issued and after a 5A enquiry had been conducted, as per the provisions of the Land Acquisition Act, 1894. 3. In fact, during the 5A enquiry, an annexure giving the details of the owners and the extent of the lands acquired had been furnished showing Veeraboyan, Betta Boyan, Kailasam, wrongly shown as Kailesan and Krishnan as the owners of the lands. However, an award had been passed, on 30.11.1973, wrongly, in the name of Veeraboyan, even though partition of the properties, amongst the family members of Veeraboyan, had taken place earlier. 4. It has been further stated that a government order, in G.O.Ms.No.188, Personnel and Administrative Reforms (Personnel-P) Department, dated 28.12.1976, had been passed, according to which a member of the family, whose lands had been acquired, would be considered for being given government employment. However, no employment had been given to any of the members of the family of Veeraboyan, including the petitioners herein, namely, V.Kailasam and K.Sivalingam, even though they were eligible for such appointment. 5. It has been further stated that the petitioners had made their claims, belatedly, only due to the fact that they are illiterate and that they did not have sufficient information about the mistake that had taken place in the award, dated 30.11.1973, wherein, the name of Veeraboyan had been entered.
5. It has been further stated that the petitioners had made their claims, belatedly, only due to the fact that they are illiterate and that they did not have sufficient information about the mistake that had taken place in the award, dated 30.11.1973, wherein, the name of Veeraboyan had been entered. It had also been stated that the writ petitions had been filed by the petitioners, before this Court, as they had no knowledge of the award, dated 30.11.1973, and the mistake that had taken place at the time of the passing of the award. Therefore, the petitioners ought to have been considered, by the respondents, for the granting of government employment, as per the government order, in G.O.Ms.No.188, Personnel and Administrative Reforms (Personnel-P) Department, dated 28.12.1976. 6. The learned counsel appearing on behalf of the respondents had submitted that the petitioners had filed the present writ petitions before this Court, belatedly, after nearly 36 years from the date of the passing of the award. Further, the petitioners have not been able to establish their claims by sufficient evidence. Therefore, the claims made by the petitioners for being considered for employment, as per the government order, in G.O.Ms.No.188, Personnel and Administrative Reforms (Personnel-P) Department, dated 28.12.1976, cannot be sustained. 7. In view of the averments made on behalf of the parties concerned and in view of the records available, this Court is of the considered view that the writ petitions filed by the petitioners are devoid of merits. The petitioners have not been in a position to show, by sufficient evidence, that they are entitled to be considered for government employment, as per the Government Order, in G.O.Ms.No.188, Personnel and Administrative Reforms (Personnel-P) Department, dated 28.12.1976. Further, it is seen that the award, acquiring the lands belonging to one Veeraboyan, had been passed in the year, 1973. Thereafter, the petitioners had filed the present writ petitions before this Court in the year 2009, after a lapse of nearly 36 years, praying that they should be considered for being given government employment. 8.
Further, it is seen that the award, acquiring the lands belonging to one Veeraboyan, had been passed in the year, 1973. Thereafter, the petitioners had filed the present writ petitions before this Court in the year 2009, after a lapse of nearly 36 years, praying that they should be considered for being given government employment. 8. Even though it has been stated that the petitioners have preferred the writ petitions before this Court, as soon as they had received the necessary information, with regard to the mistake made in the passing of the award, this Court is not inclined to grant the reliefs prayed for by the petitioners herein, as the petitioners had made their claims, belatedly. Further, the mistakes, if any, found in the award, dated 30.11.1973, cannot be rectified at this belated stage. As such, the writ petitions are liable to be dismissed. Hence, it is dismissed. No costs.