M.T.Senthilkumar, v. The Commissioner,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR M.T.Senthilkumar ... Petitioner Vs.
1. The Commissioner, Rural Development and Panjayat Raj Panagal Building, Saidapet, Chennai - 15.
2. The District Collector, Kanyakumari District, Kanyakumari.
3. The District Employment Officer, District Employment Office, Nagercoil, Kanyakumari District.
4. R.Nagarajan ... Respondents PRAYER: Writ Petition 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 second respondent by his proceedings in E4/123/2010(2) dated 23.03.2010 and quash the same as illegal, arbitrary and unconstitutional and consequently direct the second respondent to conduct the selection afresh for the post of Jeep Driver for the OC General Non-Priority category.
For Petitioner : Mr. S.Sukumar For Respondent No.1 to 3 : Mr. K.S.Selvaganesan Government Advocate
O R D E R
The petitioner has filed the above Writ Petition to quash the impugned order passed by the second respondent vide proceedings in E4/123/2010(2), dated 23.03.2010, and consequently direct the second respondent to conduct the selection afresh for the post of Jeep Driver for OC General Non-Priority category.
2. It is brought to the notice of this Court that earlier the petitioner has filed a writ petition in W.P.(MD) No.3267 of 2012 challenging the impugned order, dated 09.11.2010 passed by the third respondent therein appointing the fifth respondent therein as a 1/3
Driver.
3.The said writ petition was dismissed by the learned Single Judge of this Court, by order, dated 03.02.2017. Against which, the petitioner has preferred a writ appeal in W.A.(MD) No.1463 of 2017, which was also dismissed, by order, dated 11.12.2017. 4.The present writ petition has been filed to quash the order passed by the second respondent vide proceedings, dated 23.03.2010 and to direct the respondent to conduct the selection afresh for the post of Jeep Driver for OC General Non-Priority category. 5.It is seen from the impugned order, dated 23.03.2010, the fourth respondent was appointed as Driver. For the same reasons, by which the earlier writ petition filed by the petitioner was dismissed, the present petition is also liable to be dismissed. However, the learned counsel for the petitioner states that he is unable to get instructions from his client.
6.Considering the fact that the learned counsel for the petitioner is unable to get instructions from his client, there will be no useful purpose would be served by giving further adjournments to the petitioner and this Court has no other option to dismiss the writ petition for non-prosecution.
7.Accordingly, the writ petition is dismissed. No costs. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) rm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To:
1. The Commissioner, Rural Development and Panjayat Raj Panagal Building, Saidapet, Chennai - 15.
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2. The District Collector, Kanyakumari District, Kanyakumari.
3. The District Employment Officer, District Employment Office, Nagercoil, Kanyakumari District.
+1 CC to M/s.GP ( SR-25372[F] dated 05/08/2021 ) W.P(MD)No.20786 of 2013 04.08.2021 RD(17.08.2021) 3P 5C 3/3