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Madras High CourtWP/39052/2015disposed of

R.Sivan v. The Collector

2015-12-11Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2015

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P.No.39052 of 2015 R.Sivan ... Petitioner Vs.

1.The Collector Namakkal, Namakkal District.

2.The Revenue Divisional Officer, Tiruchengode, Namakkal District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus to direct the second respondent to conduct an enquiry with regard to the appointment of Village Assistant, Mallasamudram village as per the proceedings of the first respondent in Na.Ka.No.10362/2015/A4 dated 29.04.2015.

For Petitioner : Mr.P.Rajendran For Respondents : Mr.M.L.Mahendran, GA.

O R D E R

With the consent of both sides, the Writ Petition is taken up for final disposal.

2.The case of the petitioner is that he is fully qualified for appointment to the post of Village Assistant. He has also registered his name in the employment exchange in the year 1997 itself. Whileso, applications were called for to the post of Village Assistant in the Namakkal District. The petitioner submitted his application and received interview card which was scheduled to be held on 20.01.2015. 3.The petitioner would further alleged that on 20.01.2015, the respondents did not conduct interview and asked the candidates to come on next day i.e, on 21.01.2015. About twelve candidates including the petitioner tuned up to the center on 21.01.2015, but they were not interviewed by the respondents and no questions were asked, saying that the selection was already made. Aggrieved by the action, the petitioner made complaints to the First respondent as well as to the Secretary to Government, Home Department, who inturn directed the first respondent/Collector, Namakkal for further action.

The first respondent issued an order in https://hcservices.ecourts.gov.in/hcservices/

Na.Ka.No.10362/2015/A4 dated 29.04.2015 directing the second respondent/Revenue Divisional Officer, Tiruchengode to conduct an enquiry and submit his report.

4.The grievance expressed by the petitioner is that though the matter was referred to the second respondent during the month of April 2015, he has not conducted any enquiry nor submitted his report. Hence, the writ petition has been filed by the petitioner.

5.Heard the submissions of Mr.P.Rajendran, learned counsel appearing for the petitioner and Mr.M.L.Mahendran, Government Advocate who accepts notice on behalf of the respondents.

6.This Court, taking into consideration the limited scope of prayer sought for by the petitioner and without going into the merits of the same, directs the second respondent to submit his report on the reference made by the first respondent in Na.Ka.No.10362/2015/A4 dated 29.04.2015 within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner.

7.The Writ Petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar tsh To 1.The Collector Namakkal, Namakkal District.

2.The Revenue Divisional Officer, Tiruchengode, Namakkal District.

+1cc to M/S. P. Rajendran, Advocate, S.R.No.67765 +1cc to the Government Pleader, S.R.No.66924 SVI(CO) EU(05/01/2016) W.P.No.39052 of 2015.

https://hcservices.ecourts.gov.in/hcservices/