A.Karuppasamy v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2018

CORAM

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.17220 of 2008 A.Karuppasamy ... Petitioner Vs.

1. The Secretary, Tamil Nadu Public Service Commission, Government Estate, Anna Salai, Chennai - 600 002.

2. The Director, Town and Country Planning, Anna Salai, Chennai - 600 002.

3. The Secretary to Government, Tamil Nadu Housing and Urban Development Department, Secretariat, Chennai - 600 009.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent in Memorandum No.2961/APDF2/AD (TCP) 2008 dated 09.05.2008 received on 13.05.2008 and quash the same, and consequently, direct the respondents to conduct an examination for the post of Assistant Director of Town and Country Planning for the petitioner. For Petitioner : Mr.K.Sannjay For Respondents : M/s.C.N.G.Niraimathi For R1 Mr.Thangavadhana Balakrishnan For R2 and R3

O R D E R

This Writ Petition is filed to call for the records of the 1st respondent in Memorandum No.2961/APDF2/AD (TCP) 2008 dated 09.05.2008 received on 13.05.2008 and to quash the same, and

consequently, to direct the respondents to conduct an examination for the post of Assistant Director of Town and country planning for the petitioner.

2. The case of the petitioner is that the 1st respondent has issued an advertisement in daily paper on 09.02.2008 for direct recruitment to the post of Assistant Director of Town and Country Planning, to which, the petitioner has also applied as he belongs to Schedule Caste community. In the said application, the petitioner has enclosed all the documents except his experience certificate from the Town and Country Planning Department, hence, it was later on submitted to the 1st respondent, prior to the examination date which was announced on 24.05.2008. However, the respondent has rejected the application of the petitioner by its Memorandum No.2961/APD-F2/AD(TCP) 2008, dated 09.05.2008, stating that he has not enclosed the experience certificate from the concerned department. Hence, the petitioner has filed this Writ Petition, to quash the said memorandum dated 09.05.2008 and to direct the respondents to conduct an examination for the petitioner to the Post of Assistant Director of Town and Country Planning.

3. The learned counsel appearing for the petitioner would submit that the petitioner has already expired and the relief sought for in this Writ Petition has become infructuous and he has also made an endorsement to that effect.

4. Recording the above submissions and the endorsement made by the learned counsel for the petitioner, the Writ Petition is dismissed as infructuous. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar raja To

1. The Secretary, Tamil Nadu Public Service Commission, Government Estate, Anna Salai, Chennai - 600 002.

2. The Director, Town and Country Planning, Anna Salai, Chennai - 600 002.

3. The Secretary to Government, Tamil Nadu Housing and Urban Development Department, Secretariat, Chennai - 600 009.

W.P.No.17220 of 2008 BS(CO) SMI/03.08.2018