R.Malliga v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.10.2022

CORAM:

THE HONOURABLE MRS.JUSTICE J. NISHA BANU and THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH and M.P.(MD)No.1 of 2011 R.Malliga .. Appellant Vs.

1.The District Collector, Theni District, Theni.

2.The Commissioner, Panchayat Union, Theni.

3.The Project Officer, Integrated Child Development Schemed, Office of the Child Development Scheme, Annanji Vilakku, Periyakulam Road, Theni Rural, Theni District.

4.B.Vetreeswari

...Respondents

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PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent praying this Court to set aside the order passed by this Court in W.P(MD)No.1543 of 2011, dated 01.12.2011.

For Appellant : Mr.M.Ajmal Khan For Respondents : D.Sasikumar, - for R1 to R3 Additional Government Pleader No Appearance - for R4

JUDGMENT

J. NISHA BANU, J.

AND N. ANAND VENKATESH, J.

This writ appeal was filed against the order passed by the learned Single Judge setting aside the appointment of the appellant as "Anganwadi Worker"

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2. Heard Mr.M.Ajmal Khan, learned counsel for the Appellant and Mr.D.Sasikumar, learned Additional Government Pleader appearing for the respondents 1 to 3.

3. The learned Single Judge was pleased to set aside the appointment of the appellant mainly on the ground that the appellant was residing in a place called "Pallapatty", which was more than 3 1/2 kms. from the Anganwadi Centre. That apart, the learned Single Judge also took into consideration the age factor of the appellant and the writ petitioner.

4. In the considered view of this Court, there is no need to go into the merits of the case, since the appellant by virtue of the interim order passed by this Court, is continuing to work in the Anganwadi centre right from the year 2010 onwards, till date. That apart, the writ petitioner has crossed the maximum age limit of 40 years and hence no useful purpose would be served, even if the writ appeal is allowed at this point of time.

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5. In the result, the order passed in W.P(MD)No.1543 of 2011, dated 01.12.2011, is hereby set aside and this writ appeal stands allowed. No costs. Consequently, connected miscellaneous petition is closed.

[J.N.B, J.] & [N.A.V., J.] 12.10.2022 Index:Yes/No Internet:Yes/No rm To 1.The District Collector, Theni District, Theni.

2.The Commissioner, Panchayat Union, Theni.

3.The Project Officer, Integrated Child Development Schemed, Office of the Child Development Scheme, Annanji Vilakku, Periyakulam Road, Theni Rural, Theni District.

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J. NISHA BANU, J.

AND N. ANAND VENKATESH, J.

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