The Municipal Commissioner, v. The Commissioner/

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE R.THARANI W.A.(MD)Nos.386 and 387 of 2018 and C.M.P.(MD) Nos.2403 and 2404 of 2018 The Municipal Commissioner, Municipal Office, Subramania Swami Sannathi, South Street, Puliangudi, : Appellant/3rd Respondent in both the appeals Vs.

1.The Commissioner/ The Director of Municipal Administration, Ezhilagam, Chepauk, Chennai - 5.

2.The Regional Director, Municipal Administration and Water Supply Department, : Respondents 1 & 2/ Respondents 1 & 2 in both the appeals Selvarajan : 3rd Respondent/Petitioner in W.A.(MD) No.386 of 2018 Kumar : 3rd Respondent/Petitioner in W.A.(MD) No.387 of 2018 COMMON PRAYER: Writ Appeals are filed under clause 15 of the Letters Patent, against the common order dated 19.12.2013 passed by the learned Single in W.P.(MD) Nos.2945 and 2944 of 2010. Prayer in WP(MD). 2945/ 2010 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a WRIT OF CERTIORARIFIED MANDAMUS, to call for the documents pertaining to the order passed by the 1st Respondent in O.Mu.No.15805/04/J3, dated 01-10-2009 and the consequential order passed by the 3rd Respondent vide No.Na.Ka.No.2991/09/H1, dated 25-01-2010 and quash the same and insofar as petitioner consequently direct the Respondents to regularize the service of the petitioner from the date of appointment.

Prayer in WP(MD). 2944/ 2010 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a WRIT OF CERTIORARIFIED MANDAMUS, to call upon the documents pertaining to the order passed by the 1st Respondent in O.Mu.No.15805/04/J3, dated 07-10-2009 and the consequentially order passed by the 3rd Respondent vide No.Na.Ka.No.2991/09/H1, dated 25-01-2010 and quash the same in so far as petitioner concerned and may consequential direct the Respondents to regularize the service of the petitioner from the date of appointment.

For Appellant in both the : Mr.N.Dilip Kumar appeals For Respondents 1 & 2 in : Mr.VR.Shanmuganathan both the appeals Special Government Pleader COMMON JUDGMENT [Judgment of the Court was made by T.S.SIVAGNANAM, J.] Heard Mr.N.Dilip Kumar, learned counsel appearing for the appellant and Mr.VR.Shanmuganathan, learned Special Government Pleader appearing for the respondents 1 & 2 in these writ appeals. 2.These Writ Appeals are filed against the common order dated 19.12.2013 made in W.P.(MD) Nos.2945 and 2944 of 2010. The said Writ Petitions were disposed of along with W.P.(MD) No.2943 of 2010 by a common order dated 19.12.2013. Against the order made in W.P.(MD) No.2943 of 2010, W.A.(MD) No.734 of 2017 was filed and the Division Bench by order dated 05.07.2017 dismissed the Writ Appeal. 3.Following the said decision, these Writ Appeals are also dismissed. No costs. Consequently, connected Miscellaneous Petitions are also dismissed.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To 1.The Municipal Commissioner, Municipal Office, Subramania Swami Sannathi, South Street, Puliangudi,

2.The Commissioner/ The Director of Municipal Administration, Ezhilagam, Chepauk, Chennai - 5.

3.The Regional Director, Municipal Administration and Water Supply Department, +2cc to M/S.N.Dilip Kumar, Advocate SR.No. 54419, 54420 ORDER MADE IN W.A.(MD)Nos.386 and 387 of 2018 and C.M.P.(MD) Nos.2403 and 2404 of 2018 Dated:08.03.2018 sj JM/SV MMS/SAR 2/02.04.2018/3P/6C