Siva Kumar v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.04.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU Sivakumar ... Petitioner -vs1. The Government of Tamil Nadu, Represented by the Principal Secretary to Government, Rural Development and Panchayat Raj Department, Secretariat, Chennai - 600009.

2. The District Collector, Tiruppur District, Tiruppur.

3. The Block Development Officer, (Village Panchayats) Block Development Office, Madathukulam, Tiruppur District.

4. The President, Karatholovu Panchayat, Madathukulam Taluk, Tiruppur District.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First Respondent to regularise the Petitioner's service as Sanitation Worker in the Karatholuvu Panchayat by considering the Petitioner's representation dated 23.11.2022. 1/4

For Petitioner :

Mr. R.Kannan For Respondents :

Mrs. R.Anitha (for R1 & R2) Special Government Pleader Mrs. P.Rajarajeswari, Government Advocate (for R3 & R4)

O R D E R

Heard Mr. R.Kannan, Learned Counsel for the Petitioner and Mrs. R.Anitha, Learned Special Government Pleader takes notice for the First and Second Respondents and Mrs. P.Rajarajeswari, Learned Government Advocate takes notice for the Third and Fourth Respondents and perused the materials placed on record, apart from the pleadings of the parties. 2.

The Writ Petition has been filed for directing the First Respondent to regularise the service of the Petitioner as Sanitation Worker in Karatholuvu Panchayat by considering his representation dated 23.11.2022 made in that regard.

3.

It has been brought to notice that such claim made by the Petitioner had been earlier rejected by the Third Respondent by Order in Na. Ka. No. 86/2021/V6 dated 28.04.2021 and that the Petitioner could prefer appeal 2/4

against the same before the State Government. In such circumstances, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition reserving the rights of the Petitioner to the said course of action and he has made an endorsement to that effect.

In view of the same, the Writ Petition is dismissed as withdrawn with the aforesaid clarifications. No costs.

03.04.2023 kv Index: Yes/No Note: Issue order copy by 06.06.2023.

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P.D. AUDIKESAVALU, J.

kv To

1. The Principal Secretary to Government, The Government of Tamil Nadu, Rural Development and Panchayat Raj Department, Secretariat, Chennai - 600009.

2. The District Collector, Tiruppur District, Tiruppur.

3. The Block Development Officer, (Village Panchayats) Block Development Office, Madathukulam, Tiruppur District.

4. The President, Karatholovu Panchayat, Madathukulam Taluk, Tiruppur District.

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