M.Boominathan v. The Inspector Of Panchayat

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:04.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and M.P.(MD).Nos.1 of 2010, 1 of 2011, 1 of 2011 and 1 of 2015 M.Boominathan ... Petitioner in both W.Ps.

Vs.

1.The Inspector of Panchayat, District Collector, Sivagangai District.

2.The Block Development Officer, Kalayarkoil Panchayat Union, Sivagangai District.

3.The President, Marakkathur Village Panchayat, Kalayarkoil Panchayat Union, Sivagangai District.

4.R.Chandrasekar ... Respondents in both W.Ps.

Prayer in W.P.(MD)No.7023 of 2010: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records relating to the impugned order passed by the second respondent vide Na.Ka.P3/1629/10, dated 20.05.2010 and quash the same.

Prayer in W.P.(MD)No.5732 of 2011: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the first respondent vide Na.Ka.P6/17425/2010(2), dated 16.05.2011 and quash the same and consequently direct the respondent to permit the petitioner to continue as Panchayat Assistant of Marakkathur Village Panchayat, Sivagangai District.

For Petitioner : Mr.D.Shanmugaraja Sethupathi For R1 in both W.Ps.

: Mr.D.Muruganantham Additional Government Pleader For R2 in W.P.No.7023/2010 :Mr.M.Rajarajan For R2 in W.P.No.5732/2011 :Mr.K.Mahendran For R4 in both W.Ps.

: Mr.K.Appadurai 1/3

C O M M O N O R D E R These writ petitions have been filed challenging the impugned order passed by the first respondent in Na.Ka.P6/17425/2010(2), dated 16.05.2011 and the impugned order passed by the second respondent in Na.Ka.P3/1629/10, dated 20.05.2010.

2. The case of the petitioner is that he is working as Panchayat Assistant in Marakkathur Village Panchayat. However, he was terminated from service, in order to accommodate the fourth respondent, as per the direction of this Court in W.P.(MD).No.8602 of 2006, dated 22.04.2010. Challenging the order of accommodation of the fourth respondent, the petitioner has filed the W.P.(MD).No.7023 of 2010. The petitioner has also filed W.P.(MD).No.5732 of 2011, wherein the petitioner was directed to join duty as Panchayat Assistant in Kalakanmoi Panchayat.

3. When the matters are taken up for hearing today, the learned counsel appearing for the petitioner submitted that at present the petitioner is working as Panchayat Assistant in Ammanpatti Village, Kalayarkovil Village Panchayat.

4. In view of the above, nothing survives for adjudication in the present writ petitions and these Writ Petitions are closed. The petitioner is entitled to continue in the service. No costs. Consequently, the connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (Crl Side) // True Copy // / /2021 Sub Assistant Registrar(CS) akv To 1.The Inspector of Panchayat, District Collector, Sivagangai District.

2.The Block Development Officer, Kalayarkoil Panchayat Union, Sivagangai District.

3.The President, Marakkathur Village Panchayat, Kalayarkoil Panchayat Union, Sivagangai District.

2/3

+1 CC to M/s.GP ( SR-109[F] dated 05/01/2021 ) +1 CC to M/s.D.SHANMUGARAJA STHUPATHI, Advocate ( SR-33[F] dated 05/01/2021 ) 04.01.2021 KK(01.02.2021) 3P 6C 3/3