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Madras High Court/3457/2025dismissed

State Of Tamil Nadu v. B. Mahalakshmi

2025-12-04Honourable Mr Justice R. Suresh Kumar,Honourable Mr.Justice V. Lakshminarayanan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-12-2025

CORAM

THE HON'BLE MR JUSTICE R. SURESH KUMAR AND THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN AND CMP NO. 28229 OF 2025

1. State of Tamil Nadu Rep. by its Secretary to Government, Rural Development and Panchayat Raj Department, Fort.St.George, Chennai -9.

2. The Director of Rural DevelopmentPangal Building, Saidapet, Chennai -15.

3. The District Collector, Cuddalore District, Cuddalore.

..Appellants Vs

1. B. Mahalakshmi D/o. V. Balasubramanian, No.2, Chetty Street, Buvanagiri, Buvanagiri Taluk, Cuddalore District - 601.

2. K. Menaka D/o. V. Kalyanaraman, No.23, Thiripura Sundari Nagar, Thenpathy, Sirkali Taluk, Nagapattinam -11.

3. K. Thilagavathi, D/o. Kaliyamurthy, No.22, Sivasubramaniyam Nagar, Near V.S.R Nagar, Chidambaram - 001.

4. K. Udhayakavitha, D/o. M. Kannuswamy, No.514, Main Road, Orathur and Post, Chidambaram Taluk, Cuddalore District - 201.

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5. The Block Development Officer Kumaratchi Block, Cuddalore District.

..Respondent(s) Prayer : Writ Appeal under Clause XV of the Letters Patent to allow this Writ Appeal and set aside the order dated 19.01.2024 made in WP No.3441 of 2021 on the file of this Court.

For Appellants:

Mr.R.Neelakandan Additional Advocate General assisted by Mr.R.U.Dinesh Raj Kumar Additional Government Pleader For Respondents :

Mr.M. Muthappan - For R1 To R4 Mr.S.Yashwanth Additional Government Pleader - for R5 Judgment (Judgment of the Court was delivered by R.Suresh Kumar J.) As against the very same common order, W.A.No.3456 of 2025 has been moved by the appellants herein, which was disposed of by this Court on 03.12.2025 and the following order was passed.

" 2. In fact, it is a common order passed in respect of other writ petitions also, who all approached the Writ Court with similar prayer, seeking a writ of mandamus, directing the respondents therein, who are the appellants herein, to extend first priority to the writ petitioners while recruiting fresh candidates for the post of Overseer as per the notification __________Page 2 of 6

issued by the third respondent therein, that is the District Collector, dated 10.12.2020 by relaxing the age qualification.

3. Ultimately, the writ petitions were allowed through the impugned order and the learned Writ Court has set aside the said notification issued by the District Collector dated 10.12.2020. 4. Though against the said order, the present intra-Court appeal has been directed at the instance of the appellants, the learned Additional Advocate General appearing for the appellants would submit that, the very notification dated 10.12.2020 has been withdrawn by the District Collector, who issued the said notification. That apart, the same also has been set aside by the orders of this Court, which is impugned herein.

5. In this regard, the Government, that is the Rural Development and Panchayat Raj Department, has issued a Government Order in G.O. (Ms)No.240 dated 31.10.2025, by which, the Tamil Nadu Public Service Commission has become the Recruiting Agency and subsequently, the Tamil Nadu Public Service Commission has also issued notification inviting applications from the eligible candidates for Direct Recruitment to the post of Overseer in the Department concerned.

6. In this context, it is brought to our notice by Mr.K.Venkataramani, learned Senior Counsel for respondents 1 to 3/writ petitioners that, though such notification was issued by the present Recruiting Agency, that is the Tamil Nadu Public Service Commission, where, though age relaxation has been given, that is higher age limit __________Page 3 of 6

relaxation has been given to various candidates, such relaxation has not been given to those workers who suffered because of the adhoc job they were engaged in the scheme, which was abruptly closed within a period of one year or more. Therefore, in order to get the age relaxation to those kind of people, mainly people like the writ petitioners and also challenging the relevant clause in the notification issued by the Tamil Nadu Public Service Commission, specific litigation has been filed by way of a writ petition and the same is pending consideration before this Court.

7. In view of the said factor, where, the very impugned notification, which was challenged before the Writ Court and subsequently quashed by the impugned order, since has been withdrawn by the Authority, that is the District Collector himself and the recruitment process now has been entrusted upon the Tamil Nadu Public Service Commission vide G.O. (Ms)No.240 dated 31.10.2025, nothing survives in this appeal to adjudicate further.

8. Insofar as the plea or grievance espoused by the respondents/writ petitioners by stating that the age relaxation has not been given, therefore, that triggered them to file subsequent writ petition which is pending before this Court is concerned, whatever the issues that have been agitated by the present respondents/writ petitioners in the subsequent proceedings could very well be agitated by taking appropriate ground in the said writ petition and all those grounds are left open to be decided afresh in the said writ petition by the Writ Court. __________Page 4 of 6

9. With these observations, the present writ appeal is dismissed, as no further adjudication is required in this appeal. However, there shall be no order as to costs. Consequently, C.M.P.No.28230 of 20205 is closed."

2. In view of the above said order, this writ appeal is also liable to be dismissed. Accordingly, it is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

(R.S.K.,J.) (V.L.N.,J.) 04-12-2025 Index: Yes/No Speaking/Non-speaking order KST To

1. Secretary to Government, Rural Development and Panchayat Raj Department, Fort.St.George, Chennai -9.

2. The Director of Rural Development Panagal Building, Saidapet, Chennai -15.

3. The District Collector, Cuddalore District, Cuddalore.

4. The Block Development Officer Kumaratchi Block, Cuddalore District.

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R.SURESH KUMAR J.

AND V.LAKSHMINARAYANAN J.

KST AND CMP NO. 28229 OF 2025 04-12-2025 __________Page 6 of 6