P.Machadevi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.10.2017

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.99 of 2014 and M.P.No.1 of 2014 P.Machadevi ..

Petitioner Vs.

1. The District Collector, Cuddalore District, Cuddalore.

2. The Project Officer, Integrated Child Development Scheme, Nallur - 606 302, Cuddalore District.

3. P.Jenefer Dono ..

Respondents Prayer: The Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents 1 and 2 from appointing the 3rd respondent as "Anganwadi Worker" and consequently appoint the petitioner as "Anganwadi Worker" in the office of the 2nd respondent. For Petitioner : Mr.P.Valliappan For RR 1 & 2 : Mr.K.T.Thanga Pandi For R3 : No Appearance.

O R D E R

The relief sought for in this writ petition is to forbear the first and second respondents from appointing the third respondent as "Anganwadi Worker" and consequently appoint the writ petitioner as "Anganwadi worker" in the office of the second respondent.

2.The second respondent filed the counter affidavit stating that the third respondent was also one of the applicants

among others appeared in the interview for appointment to the post of "Anganwadi Worker" at Vannathur Village and the third respondent was selected by the interview committee members, appointed for the purpose of selection, and now she is working as "Anganvadi Worker" in Vannathur Village in Nallur Block, Vriddhachalam Taluk, Cuddalore District, since 28.12.2013 as per the appointment order issued by the first respondent herein in Roc.No.662/A1/2012, dated 27.12.2013. Thus, the fact remains that the third respondent was appointed on 27.12.2013 itself.

3. However, the writ petitioner has filed this writ petition only on 02.01.2014. Since, the writ petition itself has been filed, only after the appointment of the third respondent, by the above mentioned proceedings dated 27.12.2013, thus, the question of considering the relief as sought for in this writ petition does not arise at all. It is for the writ petitioner to work out her remedy in the manner known to law.

4. Hence, the Writ Petition stands dismissed. However, no order as to costs. Consequently, connected miscellaneous petition is closed.

sd/- Assistant Registrar True Copy Sub Assistant Registrar Index: Yes / No Internet: Yes / No sts/smn To

1. The District Collector, Cuddalore District, Cuddalore.

2. The Project Officer, Integrated Child Development Scheme, Nallur - 606 302, Cuddalore District.

+1cc Mr.P.Valliappan, Advocate sr.73842 Order in W.P.No.99 of 2014 and M.P.No.1 of 2014 RR 10/12/2016