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Madras High CourtWP/3834/2016disposed of

C.Munikrishnan, v. The District Collector,

2016-06-03Honourable Mr Justice B. Rajendran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:03.06.2016

CORAM

THE HON'BLE MR.JUSTICE B.RAJENDRAN W.P.No.3834 of 2016 and W.M.P.No.3206 of 2016 C.Munikrishnan .. Petitioner vs

1. The District Collector O/o.District Collector Sathuvachari, Vellore.

2. The Revenue Divisional Officer O/o.Revenue Divisional Office Thirupathur, Vellore District.

3. The Tahsildar O/o.Natrampalli Taluk Office Natrampalli, Vellore District.

4. R.Kumaresan .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondents 1 to 3 herein to consider the petitioner's representation dated 11.12.2015 and to terminate the appointment of fourth respondent as Village Assistant, Agraharam Village, Natrampalli Taluk, Vellore District and to appoint the petitioner as Village Assistant in the above said village on merits of his seniority.

For Petitioner : Mr.C.S.Vijayakumar For Respondents : Mr.K.Rajendra Prasad Government Advocate for RR1 to 3 Mrs.Bhavani Subbarayan for M/s.Royan Law Associates for R4

ORDER

The prayer in the writ petition is for the issuance of writ of mandamus to direct the respondents 1 to 3 herein to consider the petitioner's representation dated 11.12.2015 and to terminate the appointment of fourth respondent as Village Assistant, Agraharam Village, Natrampalli Taluk, Vellore District and to appoint the petitioner as Village Assistant in the above said village on merits of his seniority.

2. Heard the learned counsel appearing for the respective parties.

3. When the matter is taken up for hearing, the learned Government Advocate appearing on behalf of the respondents 1 to 3 would submit that already the fourth respondent herein has been terminated from the service of Village Assistant and as such, the prayer sought for in the writ petition has become infructuous, as of today.

4. Whereas the learned counsel appearing for R4 would submit that as against the termination order, the fourth respondent has preferred writ petition and that this Court has granted an order of interim stay.

5. In such view of the matter, as already the prayer sought for in the writ petition has become infructuous, it is open to the petitioner to implead himself as a party respondent in the writ petition filed by the fourth respondent and raise all the points, which he has raised in this writ petition.

6. With the above observation, this writ petition is disposed of.

No costs.

Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar vj2 To

1. The District Collector O/o.District Collector Sathuvachari Vellore.

2. The Revenue Divisional Officer O/o.Revenue Divisional Office Thirupathur Vellore District.

3. The Tahsildar O/o.Natrampalli Taluk Office Natrampalli Vellore District.

1 cc to Government Pleader, sr.29843 W.P.No.3834 of 2016 kgk co kra 16.06.2016