K.Santhi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.11.2018
CORAM:
THE HON'BLE Dr.JUSTICE S.VIMALA Writ Petition No.30483 of 2018 K.Santhi ... Petitioner ..vs..
1. The District Collector, Nagapattinam
2. The Assistant Director, Village Panchayat, O/o. The District Collector, Collectorate, Nagapattinam
3. The Block Development Officer, Nagapattinam District, Nagapattinam ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st respondent to appoint the Petitioner as Panchayat Clerk at Mahadhanam Village Panchayat Nagapattinam Taluk and District by considering the representation dated 2-11-2018 within the time to be stipulated by this court.
For Petitioner : Mr. R.Chandrasekaran For R-1 & R-2 : Mr. R.S.Selvam, Govt. Advocate For R-3 : Mr. B.Anand, Govt. Advocate.
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O R D E R
This writ petition has been filed by the petitioner seeking a direction to the 1st respondent to appoint the Petitioner as Panchayat Clerk at Mahadhanam Village Panchayat Nagapattinam Taluk and District, by considering the representation dated 02.11.2018 within the time to be stipulated by this court.
2. The petitioner applied for the post of Panchayat Clerk in Mahadhanam Village Panchayat, under the MBC quota. The third respondent issued interview letter to the petitioner to appear for interview on 24.05.2018.
3. According to the petitioner, out of ten candidates
applied for the said post, the petitioner is the only qualified person and all other nine candidates who appeared for interview are unqualified persons, since they are not the residents of Mahadhanam Village Panchayat.
4. The grievance of the petitioner is that, violating all the rules and regulations and without considering the petitioner's native village, viz., Mahadhanam Village, the third respondent has selected unqualified person, who is not the resident of Mahadhanam Village Panchayat. Ventilating her grievance, the petitioner has submitted a representation dated 02.11.2018 to the respondents. Since the same has not been considered by the respondents, the petitioner has filed this writ petition.
5. Mr. R.S.Selvam, learned Government Advocate, takes notice for respondents 1 and 2 and Mr.B.Anand learned Government Advocate takes notice for the third respondent.
6. Heard the learned counsel appearing on either side and perused the materials available on record.
7. In view of the limited relief sought for, without dwelling into the merits of the matter, this Court directs the respondents to consider the representation dated 02.11.2018, submitted by the petitioner and to pass orders thereon, in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. This writ petition is disposed of accordingly. No costs.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar srk To
1. The District Collector, Nagapattinam
2. The Assistant Director, Village Panchayat, O/o. The District Collector, Collectorate, Nagapattinam
3. The Block Development Officer, Nagapattinam District, Nagapattinam +1cc to Mr.R.Chandrasekaran, Advocate, S.R.No.80682 +1cc to the Government Pleader, S.R.No.80906 Writ Petition No.30483 of 2018 SKV(CO) CS/07/12/2018