LAWS(MAD)-2011-6-44

A SEENISANKAR Vs. STATE OF TAMILNADU

Decided On June 07, 2011
A Seenisankar Appellant
V/S
STATE OF TAMILNADU Respondents

JUDGEMENT

(1.) THE petitioner has filed the present writ petition seeking to challenge an order of the third respondent, i.e., District Employment Officer, Villupuram District, dated 12.11.2010 and after setting aside the same, seeks for a direction to register the petitioner's name under the Land Losers' Priority category in the employment register with effect from 2.1.2008.

(2.) WHEN the matter came up on 25.11.2010, this Court had directed the learned Government Advocate to receive notice and to get instructions. Accordingly, on behalf of the third respondent (wrongly described as second respondent), a counter affidavit, dated 25.5.2009 was filed.

(3.) THE petitioner claimed that he had produced a certificate from the Tahsildar, Adi Dravidar Welfare, Ulundurpet, dated 2.1.2008 showing that he belongs to Land Losers' category and that his land was acquired. Normally, a request of a person will be examined and his certificate obtained from the Tahsildar will be referred to for verification of its genuineness. The petitioner gave his requisition on 22.09.2008. His certificate was sent for verification by the Revenue authorities as per the guidelines issued by the Commissioner of Employment and Training with reference to verifying the genuineness of the employment certificate. The certificate produced by the petitioner was examined and it was found that the petitioner had purchased the land in Survey No.2031 on 18.07.2007 and gave it to the Government on 14.12.2007. The land was taken over for providing burial ground to Adidravidar of Sennagunam village. No cultivation had taken place from the date of the purchase till the date of handing over possession. The petitioner never had any land at the time of his studying and that the purchase of the land was intentionally made only to gain priority category in the employment register. The land which was only 0.24 cents was not utilized for any cultivation and was handed over to the Government with oblique purpose. Therefore, it was submitted by the respondents that it is only in cases where on account of acquisition of land if the livelihood of the land owner is affected, they alone are eligible for registration under the priority category in terms of Land Losers'.