Madras High CourtWP(MD)/7581/2021dismissed

Muthukumar v. The District Collector

2024-08-19Honourable Mr Justice Abdul Quddhose5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.(MD) No.5752 of 2021 Muthukumar ... Petitioner -vs1.The District Collector Kanyakumari District at Nagercoil 2.The Executive Officer Theroor Town Panchayat Theroor Kanyakumari District 3.Rejukumar ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 and 2 to appoint the petitioner in the post of Overhead Water Tank Guard by considering the petitioner's representation dated 02.03.2021.

For Petitioner :

Mr.Jenifar Bibin for Mr.T.Selvakumaran For Respondents :

Ms.D.Farjana Ghoushia Special Government Pleader for R1 & R2

O R D E R

The petitioner has filed this writ petition for a mandamus seeking for a direction to the respondents 1 and 2 to appoint him to the post of Overhead Water Tank Guard, by considering his representation dated 02.03.2021.

2. It is now represented by the learned Special Government Pleader appearing for the respondents 1 & 2 that the third respondent has already been appointed to the post of Overhead Water Tank Guard.

3. Learned counsel for the petitioner also agrees to the said submission.

4. In this writ petition, the petitioner has sought only for a mandamus seeking for a direction as stated above. Since the third respondent has already been appointed to the said post and the said appointment order has been challenged by the petitioner, the question of granting the relief as such sought for in this writ petition does not arise as he has filed only a writ of mandamus and he has not filed a writ of certiorarified mandamus challenging the appointment order issued to the third respondent.

5. In view of the same, this writ petition is dismissed. However, liberty is granted to the petitioner to challenge the appointment order issued to the third respondent to the post of Overhead Water Tank Guard, in the manner known to the petitioner under law, if so desires. No costs. Consequently, connected miscellaneous petition is closed. 19.08.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Kanyakumari District at Nagercoil.

2.The Executive Officer, Theroor Town Panchayat, Theroor, Kanyakumari District.

ABDUL QUDDHOSE, J.

krk and W.M.P.(MD) No.5752 of 2021 19.08.2024