Sri.G.Sakthivel, (Kodiyalathur v. The District Collector Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.4.2017
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.A.No.150 of 2017 and C.M.P.No.2568 of 2017 G.Sakthivel Appellant/Petitioner
Versus
1 The District Collector of Nagapattinam Collectorate (Panchayat Development) Nagapattinam 2 The Personal Assistant to the District Collector (Panchayat Development) Collectorate Nagapattinam.
3 K.Kaliyamurthy 4 Ayyapillai 5 V.Tamilselvan 6 G.Elayakumar 7 Ayyappan 8 K.Devendiran 9 G.Murugan 10 K.Arivalagan 11 M.Anbalagan 12 Gunasekaran 13 M.Jayashankar 14 S.Barathidasan 15 R.Santhakumar 16 K.Shankar 17 K.Manivannan 18 Rajendran 19 K.R.Sudhakar 20 K.Jaishankar 21 K.Kalyanasundarm 22 M.Saravakumar 23 C.Jeevanandham 24 S.Selvakumar
25 J.Ramesh 26 S.Senthilkumar 27 M.Sekar 28 R.M.Subramanian 29 R.Chandrasekaran 30 V.Arunachalam 31 A.Kamaraj 32 C.Manoharan 33 R.Kumar 34 A.Selvam 35 V.Muthukumar 36 V.Sentamilselvi 37 T.Ravichandran 38 R.Madhiyalagan 39 Venkatesan 40 Sarabogi 41 K.Murali 42 Punkodi 43 J.Selvarasu 44 S.Ayyappan 45 M.Nataraj 46 Pugalendhi 47 Soundarapandian 48 A.Saravanakumar 49 K.Varadarajan 50 K.Prabakaran 51 R.Balasubramaniam 52 Lavakumar 53 K.Ayyappan 54 K.Manimaran 55 Thanikachalam 56 Palanivel 57 S.Gunasekaran 58 F.Dicasta 59 K.Udhayakumar 60 P.V.Lenion 61 A.Anthonisamy 62 Baskaran 63 M.Shankar 64 Devendiran 65 R.Anbalagan 66 S.Senthilkumar 67 U.Venkatesan 68 Natarajan 69 S.Udhaiyakumar 70 C.Joshphraj 71 M.Shanmugham 72 M.Sivakumar 73 R.Gunaselvam 74 R.Ramamurthy
75 Mariappan 76 G.Dhandapani 77 S.Shanmugham 78 R.Selvaraj 79 Maheswari 80 Balamurugan 81 V.Elangovan 82 K.Murugan 83 M.Sathiyabama 84 M.Ramachandran 85 R.Ramasamy 86 R.Kandasamy 87 Mohan 88 Ravichandran 89 R.Ramesh 90 V.Gopalakrishnan 91 V.Vetriselvam Respondents Prayer: Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 20.7.2016 passed in W.P.No.25154 of 2016 on the file of this court.
Prayer in W.P:
Praying to issue a Writ of Certiorarified Mandamus to call for the records relations to the order of the first respondent namely The District Collector, (Development), Nagapattinam in Na.Ka. No 3034 of 2000 VA 6/2015 dated 24.02.2016 and quash the same and consequently direct the 1st respondent namely the District Collector of Nagapattinam, to revise the seniority list of panchayat secretaries for the year 2015 issued by the personal Assist to District Collector, (Panchayat Development), Nagapattinam.
For appellant : Mr.N.E.A.Dinesh For R1 and R2 : Mrs.A.Srijayanthi, Special Government Pleader
JUDGMENT
(Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the appellant and Mrs.A.Srijayanthi, learned Special Government Pleader, who takes notice on behalf of respondents 1 and 2.
2. The writ appeal has been filed challenging the order of the learned Single Judge dismissing the writ petition filed by the appellant herein alongwith two other similarly placed persons, seeking refixation of their seniority over and above the private respondents therein.
3. It appears that with regard to fixation of seniority in the cadre of Panchayat Secretaries for the year 2015. The process of fixation of seniority is said to have been completed in the year 2010. However, according to the petitioner, he sought for refixation of seniority by submitting a representation and awaiting the decision and communication from the authorities and finally having found the seniority list in the year 2015, he had filed the writ petition joining with the similarly placed two persons. The learned Single Judge dismissed the on the ground of laches.
4. After hearing the learned counsel appearing for the appellant and the learned Special Government Pleader, we are of the view that for technical reasons that the Department could have delayed in taking a decision on the representation of the petitioner and sending communication to the petitioner with regard to its disposal, but, it cannot be a ground for rejection of the claim of the petitioner, if he is, otherwise, entitled to the relief, in accordance with law. Therefore, the case of the petitioner may be considered on merits and in accordance with law.
5. Modifying the order of the learned Single Judge to such extent, the writ appeal is disposed of. No costs. The connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar ssk.
To 1.The District Collector of Nagapattinam Collectorate (Panchayat Development) Nagapattinam 2.The Personal Assistant to the District Collector (Panchayat Development) Collectorate Nagapattinam.
+1 CC to Mr.N. Nicholas, Advocate sr 23160 W.A.No.150 of 2017 SJ(CO) sp/16/6