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Madras High CourtWP/18598/2015dismissed as infructuous

A.Natesan v. The P.A.To District Collector

2024-06-20Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T.ASHA A.Natesan ... Petitioner -vs1.The P.A. to District Collector, (Development Section), Collectorate Building, Salem, Salem District.

2.The Block Development Officer (Village Panchayat), Salem Panchayat Union, Salem Taluk, Salem District.

3.The President, Selthampatti Village Panchayat, Salem Panchayat Union, Suramangalam Post, Salem - 5.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the second respondent in his proceeding No. Na.Ka.No.3198/2012/Thi2 dated 01.06.2015 and quash the same and

consequently direct the respondents to retain the petitioner in service up to 30.10.2017 i.e. the date of superannuation based on the petitioner's date of birth viz., 28.10.1959.

For petitioner : Mr.N.Kolandaivelu For respondents : Mr.V.Jeevagiridharan, Additional Government Pleader, for R1 Mr.M.Elumalai, for R2 Mr.P.Sanjai Gandhi, for R3 *****

ORDER

The above writ petition has been filed challenging the proceeding dated 01.06.2015 which has been sent by the second respondent to the third respondent, in which, the second respondent has requested the third respondent to peruse the documents relating to the period when the petitioner is in service under the third respondent and issue a No Objection Certificate, as the petitioner is going to retire on 30.06.2015.

2.

In the affidavit filed in support of this petition by the petitioner, he seeks to challenge this proceeding on the ground that his Date of Birth is on 28.10.1959 and therefore, his Date of Retirement would be only on 30.10.2017. This Court is at loss to understand the basis on which this proceeding has been challenged by the petitioner herein.

3.

It is also noticed that even assuming that the petitioner's Date of Birth is 28.10.1959, he should have retired from service earlier on 30.10.2017. Therefore, nothing survives for consideration of this Court in this matter and hence, this Writ Petition is dismissed as infructuous. No costs.

20.06.2024 Internet : Yes Index : Yes/No Speaking order/Non-speaking order ssa

To 1.The P.A. to District Collector, (Development Section), Collectorate Building, Salem, Salem District.

2.The Block Development Officer (Village Panchayat), Salem Panchayat Union, Salem Taluk, Salem District.

3.The President, Selthampatti Village Panchayat, Salem Panchayat Union, Suramangalam Post, Salem - 5.

P.T.ASHA, J., ssa 20.06.2024