T.S.Sumathi, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.10.2021
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P. No.25741 of 2009 T.S.Sumathi
...Petitioner
Vs
1. The District Collector, Thiruvannamalai District.
2. The Commissioner, Thiruvathipuram Municipality Thiruvathipuram, Thiruvannamalai District.
3. Mrs.M.Manjula ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus calling for the records relating to the proceedings of the 1st respondent in Na.Ka.No.10574/2008/NMS-1-1 dated 12.9.2009 and quash the same and consequently direct respondent Nos.1 and 2 to appoint the petitioner for the post of Noon Meal Organizer.
For Petitioner : Mr.K.G.Senthilkumar For Respondents : Mr.S.John J.Raja Singh Government Advocate- R1 Mr.R.Thirugnanam - R2 Mr.V.Appaswamee - R3
O R D E R
An identical matter has come up for consideration before this Court in W.P.No.25730 of 2009, where the question also related to the appointment of a Noon Meal Organizer. On 01.10.2021, in W.P.No.25730 of 2009, the following order was passed by me:
Learned counsel for the petitioner would fairly submit that nothing survives in this matter for several reasons. Firstly, the petitioner has sought the benefit of G.O.Ms.No.78 of 2008 that https://hcservices.ecourts.gov.in/hcservices/
prescribes that only persons in the neighbourhood/vicinity be appointed as NoonMean Organisers. However, there have been subsequent Government Orders, that have expanded the scope of employment to those residing within 10 kilometers from the concerned Centre.
2. That apart, the Madurai Bench of this Court has taken an expansive view holding that if a candidate is otherwise suitable, distance may not be very relevant.
3. In any event, learned counsel for the petitioner seeks a short accommodation to obtain instructions. At his request, list on 07.10.2021. Print the name of Mr.C.Selvaraj, learned Government Advocate for the respondents.
2. Learned counsel for the petitioner, common to the present Writ Petition as well as the aforesaid Writ Petition, reports no instructions. That apart, even on merits, as captured by me in order dated 01.10.2021, the Writ Petition is liable to be dismissed. On both counts therefore, I find no merit in this Writ Petition and the same is dismissed. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar sl To
1. The District Collector, Thiruvannamalai District.
2. The Commissioner, Thiruvathipuram Municipality Thiruvathipuram, Thiruvannamalai District.
+1CC to Mr.Government Pleader, Sr.No.52345 W.P. No.25741 of 2009 BS (CO) K.RK. (26.10.2021) https://hcservices.ecourts.gov.in/hcservices/