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Madras High CourtWP/12331/2007disposed of

Marimuthu v. The Tahsildar

2020-10-28Honourable Mr Justice P. Velmurugan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.10.2020

CORAM

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. Nos.12331, 12342, 13032 to 13035 of 2007 Marimuthu S/o.Elumalai ... Petitioner in W.P.12331/2007 N.Mohan S/o.Natesan ... Petitioner in W.P.12342/2007 E.Venu S/o. Elumalai ... Petitioner in W.P.13032/2007 A.Adhimoolam S/o.Iyyakannu ... Petitioner in W.P.13033/2007 Nagarajan S/o.Aariyappan ... Petitioner in W.P.13034/2007 M.Arul S/o.Mari ... Petitioner in W.P.13035/2007

Versus

1.The Tahsildar, Ponneri Taluk, Trivellore District.

2.The Revenue Divisional Officer, Ponneri Taluk, Trivellore District.

3.The District Collector, Trivellore District.

4.The Secretary to the Government, Revenue Department (Pani VII), For St.George, Chennai-9.

... Respondents in all W.Ps.

COMMON PRAYER: Writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records of the respondents in connection with the impugned order passed by the 1st respondent in Na.Ka.1950/2007/A8 dated 16.03.2007 and quash the same and further direct the respondents to consider the claim of the petitioner for appointment to the post of Village Menial taking into consideration the temporary service rendered by the petitioner and appoint the petitioner as Village Menial without sponsorship by the employment exchange and grant all consequential service monetary benefits.

For Petitioner in all W.Ps: Mr.M.Vignesh Raj for M.Muthappan For Respondents in all W.Ps:Mr.K.Magesh Special Government Pleader

C O M M O N O R D E R These Writ Petitions have been filed challenging the order passed by the first respondent in Na.Ka.1950/2007/A8 dated 16.03.2007 and seeking to quash the same and further to direct the respondents to consider the claim of the petitioner for appointment to the post of Village Menial taking into consideration the temporary service rendered by the petitioner and appoint the petitioner as Village Menial without sponsorship by the employment exchange and grant all consequential service monetary benefits.

2. The learned Special Government Pleader appearing for the respondents would submit that admittedly in the year 2007, the petitioners were not in service and the age of the petitioners even at the time of filing the above Writ Petitions, was above 38 years. Now, the petitioners would have crossed 58 years and therefore, their names cannot be considered for employment at this stage. Therefore, the relief sought for in the Writ Petitions has become infructuous now.

3.Considering the submission made by the learned Special Government Pleader, nothing survives for further adjudication in these Writ Petitions. Accordingly, these Writ Petitions are dismissed as infructuous. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mpa To 1.The Tahsildar, Ponneri Taluk, Trivellore District.

2.The Revenue Divisional Officer, Ponneri Taluk, Trivellore District.

3.The District Collector, Trivellore District.

4.The Secretary to the Government, Revenue Department (Pani VII), For St.George, Chennai-9.

+2ccs to M/s.M.Muthappan, Advocate, Sr.No. 35162 & 35163 +1 cc to The Government Pleader, Sr.No. 35056 W.P. Nos.12331, 12342, 13032 to 13035 of 2007 AD(CO) RMP(07/12/2020)