B.Saraswathi, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.11.2017
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.30069 of 2017 B.Saraswathi ..
Petitioner -vs1. The District Collector Collectorate Sathuvachari, Vellore
2. The Block Development Officer Kaveripakkam Union Nemeli Taluk
3. Integrated Child Development Officer No.3, Kalaignar Nagar Kondapuram, Kaveripakkam
4. The Head Master Government Primary School Sirukarumbur Village and Post Arakkonam Taluk
5. Amsaveni W/o Krishnan ..
Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Declaration, declaring the appointment of fifth respondent as Anganwadi Assistant in the school of fourth respondent is null and void and further direct the first respondent to appoint the petitioner to the said post. For Petitioner :: Mr.A.Gouthaman For Respondents :: Mr.V.Jayaprakash Narayanan Special Government Pleader for R1, 3 & 4 Mr.P.Chinnadurai for R2
ORDER
This writ petition has been filed, without any basis, seeking a declaration declaring the appointment of the fifth respondent as Anganwadi Assistant in the school of fourth respondent null and void and to direct the first respondent to appoint the petitioner to the said post. It is not known how the writ petition seeking a declaration can be entertained, without even producing or showing the copy of the order appointing the fifth respondent. It is the fundamental aspect for a lawyer to know that while attacking the appointment of someone, copy of the order appointing someone should have been filed. Otherwise, this Court will not be able to exercise its jurisdiction or the cause of action to entertain the writ petition.
In the present case, the petitioner has simply prayed for issuance of a writ of declaration declaring the appointment of the fifth respondent as null and void. It is not known how such a writ petition can be entertained even without seeing the order of appointment of the fifth respondent. Therefore, the writ petition is dismissed as not maintainable. No costs.
1. The District Collector Collectorate Sathuvachari, Vellore
2. The Block Development Officer Kaveripakkam Union Nemeli Taluk
3. Integrated Child Development Officer No.3, Kalaignar Nagar Kondapuram, Kaveripakkam
4. The Head Master Government Primary School Sirukarumbur Village and Post Arakkonam Taluk +1 cc to Mr.P.Chinnadurai Advocate sr 83396 +1 cc to Mr.A.Gowthaman Advocate sr 84072 +1 cc to the Govt Pleader sr 83650 W.P.No.30069 of 2017 aa07/12/2017