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Madras High CourtWP(MD)/3549/2021disposed of

Selvakannan.M v. The Secretary To The Government

2021-02-25Honourable Mr Justice M.S. Ramesh7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and W.M.P.(MD).Nos.2871, 2872 & 2874 of 2021 M.Selvakannan

...Petitioner

Vs.

1. The Secretary to the Government, Revenue Department, Fort St. George, Chennai - 600 009.

2. The Secretary to Government, Personnel and Administrative Reforms Department, Fort St. George, Chennai - 600 009.

3. The Additional Chief Secretary/ Commission of Revenue Administration, Cheupak, Chennai - 600 005.

4. The Secretary, Tamil Nadu State Public Service Commission, Chennai.

5. The District Collector, Ariyalur District.

6. The District Collector, Chennai District.

7. The District Collector, Coimbatore District.

8. The District Collector, Cuddalore District.

9. The District Collector, Dindigul District.

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10.The District Collector, Erode District.

11.The District Collector, Kanchipuram District.

12.The District Collector, Chengalpattu District.

13.The District Collector, Kanniyakumari District.

14.The District Collector, Karur District.

15.The District Collector, Krishnagiri District.

16.The District Collector, Madurai District.

17.The District Collector, Nagapattinam District.

18.The District Collector, Namakkal District.

19.The District Collector, Perambalur District.

20.The District Collector, Pudukottai District.

21.The District Collector, Ramanathapuram District.

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22.The District Collector, Salem District.

23.The District Collector, Sivagangai District.

24.The District Collector, Thanjavur District.

25.The District Collector, The Nilgiris District.

26.The District Collector, Tiruvallur District.

27.The District Collector, Tiruppur District.

28.The District Collector, Thoothukudi District.

29.The District Collector, Trichy District.

30.The District Collector, Tirunelveli District.

31.The District Collector, Tenkasi District.

32.The District Collector, Vellore District.

33.The District Collector, Ranipet District.

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34.The District Collector, Tiruppatur District.

35.The District Collector, Villupuram District.

36.The District Collector, Kallakurichi District.

37.The District Collector, Virudhunagar District.

38.The District Collector, Thiruvarur District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus calling for the records pertaining to the impugned proceedings issued by the 3rd respondent herein in Lr.No.Ser IV(1)/10291/2020, dated 29.12.2020, and quash the same and consequently directing the respondents to approve the estimated vacancies for direct recruitment and by promotion to the post of Revenue Assistant which was published by the 3rd respondent in Lr.No.Ser IV(1)/ 10291/2020 dt 17.11.2020, within the time stipulated by this Hon'ble Court.

For Petitioner : Mr.Veerakathiravan, Senior Counsel for M/s.C.Gangai Amaran For Respondents : Mr.S.Dayalan Government Advocate

O R D E R

Heard Mr.Veerakathiravan, learned Senior Counsel appearing for the petitioner and Mr.S.Dayalan, learned Government Advocate, for the respondents.

2.The order impugned in the present writ petition is an inter departmental communication from the Additional Chief Secretary/Commissioner of Revenue Administration, Chennai to the District Collectors, whereby, the revised estimate of vacancies for the post of Assistants for the year 2020-2021, are furnished 4/7

for necessary further action of the respective District Collectors. The petitioner claims that he is an unemployed youth, who is awaiting for participation in the future Direct Recruitment to be held.

3.The affidavit filed by the petitioner does not disclose as to how the petitioner herein, who has not served with this communication and who is not even a Government Employee came to be in possession of such inter departmental communication. Secondly, the prayer in the writ petition itself is premature. What the Additional Chief Secretary/Commissioner of Revenue has intimated to the respective District Collectors through the impugned order is only a revised estimate of vacancies and until such an order culminates into a cause of action for the petitioner to challenge, the present prayer to quash an inter departmental communication, may not be entertained. Moreover, such an action, if initiated, would amount to interfering with the internal administration of the Government Departments. It is pertinent to mention that if at all any further cause of action is taken, pursuant to the impugned revised estimate of vacancies and the same affects the rights of any prospective aspirant, it is always open to them to work out their remedy in accordance with law.

4.The writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS ) 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 Secretary to the Government, Revenue Department, Fort St. George, Chennai - 600 009.

2. The Secretary to Government, Personnel and Administrative Reforms Department, Fort St. George, Chennai - 600 009.

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3. The Additional Chief Secretary/Commission of Revenue Administration, Cheupak, Chennai - 600 005.

4.The Secretary, Tamil Nadu State Public Service Commission, Chennai. 5.The District Collector, Ariyalur District.

6.The District Collector, Chennai District.

7.The District Collector, Coimbatore District. 8.The District Collector, Cuddalore District. 9.The District Collector, Dindigul District.

10.The District Collector, Erode District.

11.The District Collector, Kanchipuram District. 12.The District Collector, Chengalpattu District. 13.The District Collector, Kanniyakumari District. 14.The District Collector, Karur District.

15.The District Collector, Krishnagiri District. 16.The District Collector, Madurai District.

17.The District Collector, Nagapattinam District. 18.The District Collector, Namakkal District. 19.The District Collector, Perambalur District. 20.The District Collector, Pudukottai District. 21.The District Collector, Ramanathapuram District. 22.The District Collector, Salem District.

23.The District Collector, Sivagangai District. 24.The District Collector, Thanjavur District. 25.The District Collector, The Nilgiris District. 6/7

26.The District Collector, Tiruvallur District. 27.The District Collector, Tiruppur District. 28.The District Collector, Thoothukudi District. 29.The District Collector, Trichy District.

30.The District Collector, Tirunelveli District. 31.The District Collector, Tenkasi District.

32.The District Collector, Vellore District.

33.The District Collector, Ranipet District.

34.The District Collector, Tiruppatur District. 35.The District Collector, Villupuram District. 36.The District Collector, Kallakurichi District. 37.The District Collector, Virudhunagar District. 38.The District Collector, Thiruvarur District. +2 CC to Mr.C.GANGAI AMARAN, Advocate ( SR-7169[F] dated 25/02/2021 ) +1 CC to THE SPECIAL GOVERNMENT PLEADER ( SR-7899[F] dated 01/03/2021 ) 25.02.2021 TM AE (16/03/2021) 7P / 42C 7/7