G.Shenbagam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. Nos. 10703 & 10705 of 2023 G.Shenbagam ... Petitioner -vs1. The District Collector, O/o The District Collector, Kancheepuram District.

2. The Commissioner, O/o The Panchayat Union, Achirupakkam, Kancheepuram District.

3. The Block Development Officer, Achirupakkam Panchayat Union, Achirupakkam, Kancheepuram District.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order of the 1st respondent vide bearing number Na.Ka.Enn.91/2022/Sauthi/A1, dated 12.12.2022 and order of the 2nd respondent vide bearing number Na.Ka.Enn.214/2017/A3, dated 27.12.2022 and to quash the same and consequently direct the 1st respondent appoint the petitioner to the post of Cook Helper in Theettalam Panchayat Union Middle School, Achirupakkam Panchayat Union, Chengalpet District, with all consequential service benefits.

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For Petitioner :

Mr. N.G.R. Prasad for Mr.S.Arunkumar For Respondents :

Mr. K.Karthick Jeganath Government Advocate for R1 :

Mr. V.Ramesh Government Advocate for R2 & R3

O R D E R

Heard Mr. N.G.R.Prasad, Learned Counsel for the Petitioner, Mr. K.Karthick Jeganath, Learned Government Advocate, who takes notice for the First Respondent, and Mr. V.Ramesh, Learned Government Advocate, who takes notice for the Second and Third Respondents, and perused the materials placed on record, apart from the pleadings of the parties. 2.

The Petitioner was working as Cook Helper in Theettalam Panchayat Union Middle School, Achirupakkam Panchayat Union, Chengalpet District. Her appointment was challenged by one K. Painkodi in the Writ Petition in W.P. No. 33280 of 2017 before this Court and in furtherance to the order dated 20.09.2022 passed therein, the Second Respondent by Proceedings in Na.Ka.No.91/2022/SaOThe/A1 dated 12.12.2022 has cancelled the appointment of the Petitioner, which is impeached in this Writ Petition. 2/5

3.

Since the impugned order is a consequential proceedings to the order dated 20.09.2022 in W.P. No. 33280 of 2017 passed by this Court against which the Petitioner has filed an appeal in W.A. S.R. 44171 of 2023, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition reserving the right of the Petitioner to agitate all her contentions in the said appeal and he has also made endorsement to that effect in the Court record. 4.

In fine, the Writ Petition is dismissed as withdrawn with the aforesaid clarifications. Consequently, the connected Miscellaneous Petitions are closed. No costs.

10.04.2023 sgl Index: Yes/No Note: Issue order copy by 27.07.2023 3/5

To

1. The District Collector, O/o The District Collector, Kancheepuram District.

2. The Commissioner, O/o The Panchayat Union, Achirupakkam, Kancheepuram District.

3. The Block Development Officer, Achirupakkam Panchayat Union, Achirupakkam, Kancheepuram District.

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P.D. AUDIKESAVALU, J.

sgl 10.04.2023 5/5