S.C.Lakshmi, v. The Director Of Social Welfare

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.07.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.28851 of 2013 S.C.Lakshmi ... Petitioner Vs.

1.The Director of Social Welfare, Chepauk, Chennai - 5.

2.The District Collector, Krishnagiri District, Krishnagiri.

3.The Block Development Officer (Village Panchayats), Bargur, Krishnagiri District.

4.P.Madammal 5.Gunadevi ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent to consider the appeal dated 03.09.2012 regarding irregular appointments of 4th and 5th respondents as Cook and Cook Helper in Thoppur Nutritious Meals Centre in Kaveripattinam Union, Krishnagiri District, on merits and pass orders in accordance with law and within a time limit.

For Petitioner : No Appearance For Respondents: Mr.S.Thangavel for R1 to R3 Special Government Pleader

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the first respondent to consider the appeal dated 03.09.2012 regarding irregular appointments of the respondents 4 and 5 as Cook and Cook Helper in Thoppur Nutritious Meals Centre in Kaveripattinam Union, Krishnagiri District.

2.The case of the petitioner is that the petitioner belongs to Most Backward Class and a Widow having three children. The second respondent issued Notification calling for application for appointment as Cook in the Nutritious Meals Centers in Kaveripattinam Panchayat Union. The petitioner applied for the same and also attended the interview.

Thereafter, the petitioner came to know that the respondents 4 and 5 were appointed as Cook and Cook Helper. Aggrieved by the same, the petitioner submitted appeal dated 03.09.2012 to the first respondent and since the said appeal was not considered, has filed this writ petition.

3.No one appeared on behalf of the petitioner. This Court perused the materials available on record.

4.Perusal of records disclose that on an earlier occasion, this writ petition was listed under the caption 'writ notice section default cases' and this Court vide order dated 03.06.2015 observed that 'four weeks time (i.e., till 01.07.2015) is given to comply with the payment of batta pointed out by the Registry, failing which, the above petition shall stand dismissed automatically as against the respondent(s) concerned without any further reference to this Court.' 5.Perusal of records further disclose that the petitioner failed to comply with the payment of batta with regard to respondents 4 and 5 and hence, as per the order dated 03.06.2015, this petition has already been dismissed as against the respondents 4 and 5.

6.The above facts clearly shows that the petitioner has not taken any steps to rectify the defects. Further, after a lapse of nearly seven years, this Court finds that nothing survives in this writ petition for adjudication.

7.The writ petition is accordingly dismissed. No costs. Sd/- Assistant Registrar(CO) //True copy// Sub Assistant Registrar pri

To 1.The Director of Social Welfare, Chepauk, Chennai - 5.

2.The District Collector, Krishnagiri District, Krishnagiri.

3.The Block Development Officer (Village Panchayats), Bargur, Krishnagiri District.

+1cc to Government Pleader SR.No.25762 W.P.No.28851 of 2013 VS(CO) GMY(28/08/2020)