A.Veeraraghavan, v. The President,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2016

CORAM:

THE HON 'BLE MR. JUSTICE B.RAJENDRAN Writ Petition No.27850 of 2016 and W.M.P.No.24025 of 2016 A.Veeraghavan ... Petitioner

Versus

1. The President, Thesur Town Panchayat, Thesur, Vandavasi Taluk, Thiruvannamalai District

2. The Executive Officer, Thesur Town Panchayat, Thesur, Vedavasi Taluk, Tiruvannamalai District

3. The Deputy Director of Town Panchayat, Vellore Division, Sathuvachari, Vellore ... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus forbearing the respondents 1 and 2 from filling the vacant Office Assistant Post in Thesur Town Panchayat except under due process of law. For Petitioner : Mr. N.Sampath For Respondents : Mrs.M.Lalitha, Govt. Advocate, for R-1, Mr. P.Senthilvel, Govt. Advocate, for R-2 & R-3

O R D E R

This writ petition has been filed by the petitioner praying for the issuance of a writ of mandamus, forbearing respondents 1 and 2 from filling the Vacant Post of Office Assistant, in Thesur Town Panchayat, except under due process of law. https://hcservices.ecourts.gov.in/hcservices/

2. Heard the learned counsel appearing for both sides.

3. Since the issue involved in this writ petition lies on a narrow scape, this writ petition is disposed of, without adverting to the facts of the case.

4. Counter affidavits, dated 12.08.2016, have been filed by respondents 1 and 2, separately, and in paragraph No.8 of the counter affidavits, it has been stated by respondents 1 and 2 that, on receipt of the sponsored list by the Employment Exchange and by following the due process of law and in accordance with the guidelines framed only, the post will be filled-up. It has been further stated therein that the allegation made by the petitioner that the appointment is going to be made without following the process of law is hereby denied and the respondents will always abide to the rule of law and the post will be filled only by following due process of law.

5. In view of the above said statements made by the respondents 1 and 2, in the counter affidavits, the prayer sought for by the petitioner is nullified and nothing survives for further adjudication, in this matter. Hence, this writ petition is closed. No costs. Consequently, the connected WMP is also closed.

Sd/- Asst. Registrar.

/true copy/ Sub Asst. Registrar.

srk To

1. The President, Thesur Town Panchayat, Thesur, Vandavasi Taluk, Thiruvannamalai District

2. The Executive Officer, Thesur Town Panchayat, Thesur, Vedavasi Taluk, Tiruvannamalai District

3. The Deputy Director of Town Panchayat, Vellore Division, Sathuvachari, Vellore +1 CC to M/s. N. Sr. No.46557 +1 CC to Mr. M. Lalitha, Sr.46693 W.P.No.27850 of 2016 & WMP No.24025 of 2016 AD(CO) MD : 14/09/2016 https://hcservices.ecourts.gov.in/hcservices/