P. Muthusamy v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.12.2018

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.28800 of 2007 and M.P.No.2 of 2007 P.Muthusamy ...

Petitioner Vs.

1. The State of Tamil Nadu rep.by the Secretary to Government, Rural Development and Panchayat Raj Department, Secretariat, Chennai-600 009.

2. The District Collector, Perambalur District.

3. The Commissioner, Ariyalur Panchayat Union, Ariyalur.

... Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus calling for the records relating to G.O.Ms.No.51, Rural Development and Panchayat Raj dated 12.06.2006 passed by the first respondent as far as Para 7(2) therein is concerned and the consequential order of the second respondent in Na.Ka.Pa.A7/3387/07 dated 10.04.2007 and the consequential order of the first respondent in Letter No.17843/E5 /2007-1 dated 15.06.2007 and quash the same and direct the respondents to reappoint the petitioner as "Makkalnala Paniyalar" in the third respondent Panchayat Union taking into account his earlier service rendered as "Makkalnala Paniyalar" in 1990-1991 without reference to his age and educational qualifications as per G.O.Ms.No.90, Rural Development Department, dated 20.05.1999. For Petitioner : Mr.S.Mani For Respondents : Ms.K.Bhuvaneswari, Additional Govt.Pleader https://hcservices.ecourts.gov.in/hcservices/

O R D E R

When this writ petition was taken up, the learned Additional Govt.Pleader appearing for the respondents has submitted that the post of "Makkalnala Paniyalar" had been abolished and hence nothing survives in this writ petition for any further adjudication.

2.Recording the above submission made by the learned Additional Govt.Pleader appearing for the respondents, the writ petition is closed, however making it clear that if at all there is any possibility in considering the claim of the similarly placed persons like that of the petitioner, the petitioner's case also shall be considered by the authorities on merits. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar KM To

1. The Secretary to Government, Government of Tamil Nadu, Rural Development and Panchayat Raj Department, Secretariat, Chennai-600 009.

2. The District Collector, Perambalur District.

3. The Commissioner, Ariyalur Panchayat Union, Ariyalur.

+1 cc to M/s.C.S.Associates, Advocate, S.R.No.87746 +1 cc to the Government Pleader, S.R.No.87968 W.P.No.28800 of 2007 and M.P.No.2 of 2007 VG-II(CO) SSM(21/01/2019) https://hcservices.ecourts.gov.in/hcservices/