P.Masilamani, v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.Nos.30784 and 30785 of 2017 P.Masilamani .. Petitioner in W.P.No.30784 of 2017 C.Kubandran .. Petitioner in W.P.No.30785 of 2017 -vs1. The Commissioner Municipal Administration, 6th Floor, Ezhilagam, Annex Building, Chepauk, Chennai - 600 005

2. The Commissioner, Erode Corporation, Erode.

.. Respondents in W.P.No.30784 of 2017 and 1st and 2nd respondents in W.P.No.30785 of 2017

3. The Town Welfare Officer Erode Municipality Erode ..3rd respondent in W.P.No.30785 of Petitions are filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to consider the representation of the petitioners dated 31.01.2017 and 11.03.2017 respectively within a reasonable time fixed by this Court. For Petitioners ::

Mr.R.Karthikeyan For Respondents::

Mr.R.A.S.Senthilvel for R1 Additional Government Pleader Mr.M.Rajamathivanan for R2

Standing Counsel C O M M O N O R D E R Since the issue involved in these petitions are one and the same, they are taken up together and a common order is being passed.

2. The petitioners have come to this Court to direct the respondents to consider their representations dated 31.01.2017 and 11.03.2017 respectively, wherein they have sought for promotion to the post of Conservancy Inspector, as they have acquired requisite qualification.

3. Learned counsel for the 2nd respondent contended that a proposal has already been sent for creation of the post, 'Conservancy Inspector' and the approval order is awaited from the year 2012 onwards and the same shows that the respondents have not come forward to approve the promotional post of 'Conservancy Inspector'. Hence he pleaded to dismiss the petition.

4. heard the learned counsel for the petitioner,learned counsel for the respondents 1 and 2 and perused the documents available on record.

5. In these facts and circumstances of the case, since the proposal sent by the respondents to the Government has not been accepted, no purpose would be served by directing the 1st respondent to consider the representations of the petitioners. Therefore, the Writ Petitions stand dismissed. No costs.

Speaking/Non speaking order 28.11.2017 Index : yes/no To

1. The Commissioner Municipal Administration, 6th Floor, Ezhilagam, Annex Building, Chepauk, Chennai - 600 005

2. The Commissioner, Erode Corporation, Erode.

3. The Town Welfare Officer Erode Municipality Erode

T.RAJA, J.

ssd W.P.Nos.30784 and 30785 of 2017 28.11.2017