Madras High CourtWP/4037/2021disposed of

R.Balakrishnan v. The District Collector

2023-08-24Honourable Mr Justice J.Sathya Narayana Prasad5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.08.2023 CORAM :

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.4037 of 2021 R. Balakrishnan ... Petitioner Vs.

1. The District Collector, Collectorate Buildings, Coimbatore.

2. The President Servakaranpalayam Panchayat Pollachi North Union, Pollachi Taluk, Coimbatore District.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the 1st respondent to consider the representation of the petitioner dated 04.02.2021 seeking to follow the rule of reservation and communal rotation while filling up the post of the Secretary in the light of sub-section 3 of Section 3 of the Tamil Nadu Village Panchayat Secretaries (conditions of service) Rules, 2013. Page No.1 of 5

For Petitioner :

Mr.C.Prabakaran For Respondents :

Mr.A.M.Ayyadurai Government Advocate for R1 Mr.R.Ramesh for R2

O R D E R

The petitioner has filed this petition seeking direction to the 1st respondent to consider the representation of the petitioner dated 04.02.2021 seeking to follow the rule of reservation and communal rotation while filling up the post of the Secretary in the light of sub-section 3 of Section 3 of the Tamil Nadu Village Panchayat Secretaries (conditions of service) Rules, 2013.

2. The case of the petitioner is that in Servaikaran Panchayat more than 3000 persons belong to Hindu community, 750 persons belong to Muslim community, 150 persons belong to Christian community and about 20 families belongs to SC community. However, for the post of Secretary the first respondent was doing arrangements for appointment to the said post without even changing the community roaster system and appointing the Page No.2 of 5

persons who belong to Muslim community namely Asif Ali, Shanthu Mohammed, Mugi, Karim for the past 40 years without even following the communal roaster. Hence the petitioner made a representation dated 04.02.2021 to follow the rule of reservation and the same ended in vein. Aggrieved over the same, the petitioner has come forward with the present writ petition.

3. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the first respondent to consider the petitioner's representation dated 04.02.2021 and pass appropriate orders on merits, within a particular time frame to be fixed by this Court.

4. The learned Government Advocate appearing for the first respondent and the learned counsel appearing for the second respondent submitted that they have no objection for the said order being passed by this Court.

5. Heard the learned counsel on either side and perused the materials Page No.3 of 5

available on record.

6. Taking into consideration the factual aspects of the matter, this Court without going into the merits of the case, directs the first respondent to consider the petitioner's representation dated 04.02.2021 and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

7. This Writ Petition is disposed of with the above observation and direction. No costs.

24.08.2023 dpq Index :

Yes/No Speaking Order :

Yes/No Page No.4 of 5

J. SATHYA NARAYANA PRASAD, J.

dpq To:

1. The District Collector, Collectorate Buildings, Coimbatore.

24.08.2023 Page No.5 of 5