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Madras High CourtWP/20984/2014disposed of

Karuppayee v. The Director

2021-01-11Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.20984 of 2014 & MP.No.1 of 2014 Karuppayee ... Petitioner Vs

1. The Director (Village Panchayat) Rural Development and Panchayatraj Department, Panagal Maligai, Saidapet, Chennai - 600 015.

2. The District Collector, Salem District, Salem.

3. The Assistant Director (Village Panchayat) Collectorate Building, Salem -1.

4. The Block Development Officer (Village Panchayat) Thalaivasal Panchayat Union, Thalaivasal, Salem District.

5. The Panchayat President, Unathur Panchayat, Unathur Post, Attur Taluk, Salem District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 2 & 4 to appoint the petitioner for the post of sweeper in Unathur Panchayat based on the petitioner's representation dated 05.03.2014.

For Petitioner : Mr.M.Rajendiran For R1 to R4 : Mr.S.Thangavel, Spl.GP For R5 : Mr.R.Vijayakumar

ORDER

The prayer made in this writ petition is to direct the respondents 2 & 4 to appoint the petitioner for the post of sweeper in Unathur Panchayat based on the petitioner's

representation dated 05.03.2014.

2.Upon notice, the respondents filed a detailed counter affidavit, wherein, it is inter alia stated that the representation submitted by the petitioner cannot be considered by the second respondent, as there is no power to appoint sweepers, as per G.O.Ms.No.130 RD and PR (E5) Department, dated 14.09.2013, because the Appointing Authority to the post of sweepers is Village Panchayat Presidents of concerned Panchayats through resolution.

3.Today, when the matter was taken up for consideration, the learned counsel for the petitioner fairly submitted that due to efflux of time, this writ petition may be closed, with liberty to the petitioner to approach the authority concerned afresh for appropriate relief.

4.In view of the aforesaid submission made by the learned counsel for the petitioner, this writ petition stands closed, granting such liberty to the petitioner. No costs. Consequently, the connected miscellaneous petition is also closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar av To

1. The Director (Village Panchayat) Rural Development and Panchayatraj Department, Panagal Maligai, Saidapet, Chennai - 600 015.

2. The District Collector, Salem District, Salem.

3. The Assistant Director (Village Panchayat) Collectorate Building, Salem -1.

4. The Block Development Officer (Village Panchayat) Thalaivasal Panchayat Union, Thalaivasal, Salem District.

5. The Panchayat President, Unathur Panchayat,

Unathur Post, Attur Taluk, Salem District.

+cc to Mr. Rajendiran Advocate SR.No.2214 +cc to the Government Pleader SR.No.1594 W.P.No.20984 of 2014 & MP.No.1 of 2014 PL(CO) baf 03/05/2021