Manikandan.R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2025

CORAM

THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE R.Manikandan : Petitioner Vs.

1.TheDistrict Collector, Kanyakumari District, At Nagercoil.

2.The Block Development Officer, Melpuram Panchayat Union, Pacode Post, Kanyakumari District.

3.The Executive Officer, Devicode Panchayat, Kanyakumari District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, issue a of a Writ of Certiorarified Mandamus, to call for the records on the file of the first respondent pertaining to its order 1/6

bearing Roc.No.V3/34447/2020 dated 18.12.2020 and to quash the same and consequently directing the respondents to regularise the petitioner's service from the date of my appointment and to grant all monetary and service benefits in accordance with G.O.(Ms).No.22, Personal and Administrative (Reforms) Department dated 28.02.2006 and G.O.(Ms).No.74 dated 27.06.2013 within a time frame that may be fixed by this Court.

For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.C.Satheesh, Government Advocate

O R D E R

This Writ Petition has been filed challenging the impugned order dated 18.12.2020 passed by the District Collector / first respondent, rejecting the petitioner's request for regularisation of his service on the ground that he is not eligible for regularisation. 2.Before going into the merits of the petitioner's contentions in this Writ Petition, this Court has to first take note of the fact that for the very same cause of action, the petitioner as early as in the year 2015 filed a Writ Petition in W.P.(MD)No.2482 of 2/6

2015. By order dated 25.02.2015, in the said Writ Petition, this Court had dismissed the Writ Petition filed by the petitioner solely on the ground of laches. While dismissing the Writ Petition, this Court has observed that the petitioner has not explained as to why the Writ Petition has been filed at a belated stage. Eventhough the order dated 31.12.2009, rejecting the petitioner's request for regularisation was passed in the year 2009 since no explanation was given by the petitioner, this Court on the ground of laches had dismissed the Writ Petition filed by the petitioner in W.P.(MD)No. 2482 of 2015.

3.Admittedly, the petitioner has not challenged the said order passed by the learned Single Judge of this Court by filing a Writ Appeal. Therefore, the findings rendered by the learned Single Judge in W.P.(MD)No.2482 of 2015, through his order dated 25.02.2015 that on the ground of laches, the petitioner is not entitled for regularisation has now become final. Despite the said undisputed fact, the petitioner had attempted to once again re-agitate the issue by making representations seeking for regularisation, which has also been rejected not alone under the impugned order dated 18.12.2020 passed by the first respondent but also under previous orders 3/6

subsequent to the order dated 25.02.2015 passed in W.P.(MD)No. 2482 of 2015. Therefore, the petitioner has no legs to stand to canvass his grievance once again, since as early as by this Court's order dated 25.02.2015 passed in W.P.(MD)No.2482 of 2015, the petitioner's right to seek for regularisation has been rejected on the ground of laches. Therefore, this Court need not go into the merits of the petitioner's contentions in this Writ Petition as solely on the ground of laches, the petitioner is not entitled to the relief as prayed for in this Writ Petition.

4.In the result, there is no merit in this Writ Petition. Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs.

18.09.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 4/6

To 1.TheDistrict Collector, Kanyakumari District, At Nagercoil.

2.The Block Development Officer, Melpuram Panchayat Union, Pacode Post, Kanyakumari District.

3.The Executive Officer, Devicode Panchayat, Kanyakumari District.

5/6

ABDUL QUDDHOSE.

, J.

MR 18.09.2025 6/6