R.Udhaya v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2024

CORAM

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and W.M.P.Nos.28051 and 28053 of 2022 R.Udhaya ... Petitioner Vs.

1.The District Collector, Tiruvannamalai, 2.The Joint Director/Director of Planning, District Rural Development Office, 3.The Personal Assistant (Development), District Collector, 4.The Block Development Officer, Turunjapuram Panchayat Village, Tiruvannamalai Taluk & District.

5.The President, Karunthuvampadi Panchayat, Tiruvannamalai Taluk & District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the first

respondent in Na.Ka.No.7103/2022/PE2 and quash the same as ultra virus, illegal and incompetent and consequently direct the first respondent to reinstate the petitioner in the post of Village Panchayat Secretary in Karuthavampadi Village Panchayat, Turunjapuram Panchayat Union, Tiruvannamalai Taluk and District.

For Petitioner : Mr.J.Ram Kumar For Respondents : Mr.R.U.Dinesh Rajkumar AGP for R1 to R3 Dr.S.Suriya, AGP for R4 & R5

O R D E R

This Writ Petition has been filed for quashment of the proceedings of the first respondent in Na.Ka.No.7103/2022/PE2 and consequently, to direct the first respondent to reinstate the petitioner in the post of Village Panchayat Secretary in Karuthavampadi Village Panchayat, Turunjapuram Panchayat Union, Tiruvannamalai Taluk and District.

2.When the matter is taken up for hearing, Mr.R.U.Dinesh Rajkumar, learned Additional Government Pleader submitted that the process for fresh appointment has been commenced and to that extent, he has also produced a copy of the proceedings of the District Collector, Tiruvannamalai District in RC.No.7103/2022/PC2 dated 21.08.2024. In the said proceedings, the

District Collector had stated that the Writ Petitions are pending before the Hon'ble High Court and selection for suitable person for the post of Village Panchayat Secretary is kept in abeyance by the Village Panchayat President of Karunthuvambadi Panchayat, since he is the competent authority to issue the appointment order. He also stated that the appointment procedure for the post of Village Panchayat Secretary will be commenced by issuing a notification afresh after receiving orders in both the Writ Petitions. Hence, the relief sought for in this Writ Petition has become infructuous.

3. Recording the same, this Writ Petition is dismissed as infructuous. No costs. Connected Miscellaneous Petitions, if any shall stand closed. 22.08.2024 (2/2) vkr Index : Yes / No Speaking order / Non-speaking order To 1.The District Collector, Tiruvannamalai, 2.The Joint Director/Director of Planning, District Rural Development Office,

3.The Personal Assistant (Development), District Collector, 4.The Block Development Officer, Turunjapuram Panchayat Village, Tiruvannamalai Taluk & District.

5.The President, Karunthuvampadi Panchayat, Tiruvannamalai Taluk & District.

VIVEK KUMAR SINGH, J.

vkr and W.M.P.Nos.28051 and 28053 of 2022 22.08.2024 (2/2)