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Madras High CourtWP/22009/2018dismissed

R.Govindaraj, v. The District Collector,

2023-07-20Honourable Mr Justice C.V. Karthikeyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.07.2023

CORAM

THE HON'BLE Mr. JUSTICE C. V. KARTHIKEYAN W.P.No.22009 of 2018 and W.M.P.No.25811 of 2018 R. Govindaraj .. Petitioner Vs.

1.The District Collector, Tiruvannamalai District, Tiruvannamalai.

2.The Block Development Officer, Jawwad Hills Union, Tiruvannamalai District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the proceedings of the 2nd respondent in Na.Ka.No.722/2018/UA 4 dated 26.03.2018 insofar as Oorgoundanur Village Panchayat is concerned and quash the same as illegal, incompetent and ultravires and conduct fresh selection for the post of Panchayat Secretary for Oorgoundanur Village, Chengam Taluk, Tiruvannamalai District by notifying it under the General or Scheduled Tribe category.

For Petitioner .. Mr. R. Jayaprakash For R1 .. Mr. S. Ravikumar, SGP For R2 .. Mr. N. Srinivasan

ORDER

This Writ Petition has been filed in the nature of Certiorarified Mandamus seeking records relating to the proceedings of the 2nd respondent, Block Development Officer, Jawwad Hills Union, Tiruvannamalai District in Na.Ka.No.722/2018/UA 4 dated 26.03.2018 insofar as Oorgoundanur Village Panchayat is concerned and to quash the same.

2. I am not able to under the rationale behind the writ petition.

3. The petitioner belongs to the said village namely, Oorgoundanur. A notification was issued calling for appointment of Panchayat Secretary for the said village. In the notification, it had been stated that those who belonged to Most Backward Class and Denotified Communities can apply. This is on the basis of rotation. The petitioner belong to the Schedule Tribe

Community.

4. It is contended by the learned counsel for the petitioner that the respondents have issued such notification with knowledge that there is nobody from the Most Backward Class and Denotified Community in the said village.

5. That could be a fact. But, if that is a fact, then the respondents will be under an obligation to move on to the next point in the roster and seek a candidate from the next category. The notification has not been put into effect for the past five years, which effectively meant that, for the past five years, the petitioner has denied job opportunity for himself and for the prospective candidates. I am not able to understand the object behind filing the writ petition. Hence, the Writ Petition stands dismissed. No costs. Consequently, connected Writ Miscellaneous Petition is closed.

6. The respondents are permitted to proceed further with the aforementioned notification and the petitioner may also apply. The respondents may examine the applications, which are filed by various

prospective candidates and then move according to the rules and regulations in filling up of the posts.

20.07.2023 Index:Yes/No Internet:Yes/No Speaking order: Yes/No smv To 1.The District Collector, Tiruvannamalai District, Tiruvannamalai.

2.The Block Development Officer, Jawwad Hills Union, Tiruvannamalai District.

C.V.KARTHIKEYAN,J.

smv W.P.No.22009 of 2018 20.07.2023