M.Asia Begum v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.NO.24356 OF 2013 M.Asia Begum, President, Tamil Nadu Muslim Womens Education And Welfare Association, Palani Main Road, Manakadavu Village, Dharapuram Taluk, Tiruppur District.

... Petitioner -Vs1. The District Collector, Collectorate, Tiruppur District.

2. The Revenue Divisional Officer Cum Sub Divisional Magistrate, Dharapuram, Tiruppur District.

3. Mariam Ui Asia Palani Main Road, Manakkadavu Village, Dharapuram Taluk, Tiruppur District.

... Respondents PRAYER:- Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 and 2 to appoint the petitioner as the Administrator of the Educational Institutions established by the Tamilnadu Muslim Women's Education and Welfare Association, Dharapuram under section 145 of the Criminal Procedure Code considering the representation of the petitioner dated 10.07.2012.

For Petitioner :

Mrs.M.Dhanisha For Mr.J.Ashok For Respondents 1 & 2 :

Mr.Rajendiran Government Advocate For Respondent 3 :

No appearance

O R D E R

The relief sought for in the present Writ Petition is to direct the respondents 1 and 2 to appoint the petitioner as the Administrator of the Educations Institutions established by the Tamil Nadu Muslim Women's Education and Welfare Association, Dharapuram, under Section 145 of the Criminal Procedure Code, considering the representation made by the petitioner dated 10.07.2012.

2. The petitioner would claim an appointment to the post of Administrator as a right, unless such a right accrued through lawful order, it cannot be claimed. In the present case, the proceedings of the Revenue Divisional Officer, Dharapuram addressed to the Deputy Superintendent of Police, Dharapuram dated 16.02.2010 reveals that there are disputes existed between the parties and civil cases are also pending.

3. Thus, this Court in the present Writ Proceeding cannot consider issuing of any direction to appoint the petitioner and only in the event reaching finality in respect of disputes, the eligible persons can submit their applications or otherwise, for the purpose of proceeding with the process of appointment in the manner known to law. However, the relief as it sought for in the present Writ Petition cannot be granted.

4. Therefore, the Writ Petition stands dismissed. No costs. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar shr/kan

To

1. The District Collector, Collectorate, Tiruppur District.

2. The Revenue Divisional Officer Cum Sub Divisional Magistrate, Dharapuram, Tiruppur District.

+1cc to Mr.J.Ashok, Advocate, S.R.No.64430 +1cc to the Government Pleader, S.R.No.65810 W.P.NO.24356 OF 2013 SVI(CO) PBS/21/12/2021