G.Prabhy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2018

CORAM:

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.8831 of 2018 and W.M.P.(MD) No.8261 of 2018 G.Prabhu

...Petitioner

Vs.

1) The District Collector, Office of the District Collector, Tirunelveli District.

2) The Assistant Director of Village Panchayats, Tirunelveli District.

3) The Block Development Officer (Village Panchayat)/ The Special Officer, Cheranmahadevi, Tirunelveli District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents from any way filling up the post of Panchayat Clerk at Ariyanayagipuram Village Panchayat, Cheranmahadevi Taluk, Tirunelveli District till a final order is passed on the representation dated 11.04.2018 submitted by the petitioner to the respondents. For Petitioner : Mr.G.Thalaimutharasu For Respondents : Mr.D.Muruganantham, Additional Government Pleader.

O R D E R

The prayer sought for in this Writ Petition is for seeking to issue a Writ of Mandamus, forbearing the respondents from any way, filling up the post of Panchayat Clerk at Ariyanayagipuram Village Panchayat, Cheranmahadevi Taluk, Tirunelveli District, till a final order is passed on the representation dated 11.04.2018 submitted by the petitioner to the respondents.

2. Heard Mr.G.Thalaimutharasu, learned counsel for the petitioner and Mr.D.Muruganantham, learned Additional Government Pleader appearing for the respondents.

3. The learned counsel for the petitioner would submit that, though a larger prayer has been sought for in this writ petition, the petitioner would be satisfied with, if a direction to the third https://hcservices.ecourts.gov.in/hcservices/

respondent to consider his representation dated 11.04.2018 and an order is passed within the time frame fixed by this Court, is granted.

4. In this regard, I have heard Mr.D.Muruganantham, Additional Government Pleader appearing for the respondents, who would submit that the petitioner has made his representation 11.04.2018. So without giving any breathing time, the petitioner has approached this Court by filing this Writ Petition. For the said argument, the learned counsel for the petitioner would submit that, the post called for was to be filled up and once the process is started, without permitting the petitioner to participate, the very purpose of his representation would get defeated and therefore, immediately the petitioner has rushed to this Court.

5. Considering the submissions made by the counsel appearing on either sides, this Writ Petition is disposed of with the following directions:- "that the third respondent is directed to consider the representation of the petitioner dated 11.04.2018 and pass order on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order."

However, there shall be no order as to costs. Consequently, connected W.M.P.(MD) No.8261 of 2018 is closed. Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To

1) The District Collector, Office of the District Collector, Tirunelveli District.

2) The Assistant Director of Village Panchayats, Tirunelveli District.

3) The Block Development Officer (Village Panchayat)/ The Special Officer, Cheranmahadevi, Tirunelveli District.

+1cc to Special Government Pleader, SR.No.63109. Order in W.P.(MD)No.8831 of 2018 20.04.2018 STS RAM/KKR/SAR 2/12.06.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/