G.Muthuvelan v. S.Muthumanickaraja

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MRS.JUSTICE R.KALAIMATHI W.A.(MD)No.467 of 2020 and W.A.(MD)No.525 of 2021 and C.M.P.(MD)No.3339 of 2020 and C.M.P.(MD)No.2321 of 2021 W.A.(MD)No.467 of 2020:- G.Muthuvelan ... Appellant Vs.

1.S.Muthumanickaraja 2.The Managing Director, Tamil Nadu Civil Supplies Corporation, No.12, Thambusamy Road, Kilpauk, Chennai - 10.

3.The Assistant Director, 4.R.Sudarson Babu ... Respondents 1/6

Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal by setting aside the order passed in W.P.(MD).No.14938 of 2020 dated 02-06-2020 on the file of this Court. For Appellant : Mr.M.Mohamed Zamil, For M/s.Ajmal Associates.

For Respondents : Mr.S.Rajasekar for R1 Mr.G.Mohankumar for R2 Mr.S.S.Madhavan, Addl. Government Pleader for R3.

Mr.Aayiram K.Selvakumar for R4 W.A.(MD)No.525 of 2021:- The Managing Director, Tamil Nadu Civil Supplies Corporation, No.12, Thambusamy Road, Kilpauk, Chennai - 600 010.

... Appellant Vs.

1.S.Muthumanickaraja 2.The Assistant Director, 3.R.Sudharson Babu 4.G.Muthuvelan ... Respondents Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal by setting aside the order passed in W.P.(MD).No.14938 of 2020 dated 02-06-2020 on the file of this Court. 2/6

For Appellant : Mr.G.Mohankumar For Respondents : Mr.S.Rajasekar for R1 Mr.S.S.Madhavan, Addl. Government Pleader for R2.

Mr.Aayiram K.Selvakumar for R3 Mr.M.Mohamed Zamil, For M/s.Ajmal Associates for R4.

COMMON JUDGMENT (By G.R.SWAMINATHAN, J.) Heard both sides.

2.The cases on hand pertains to appointment of candidates to the post of Assistant Managers in Tamil Nadu Civil Supplies Corporation against MBC quota. The appointments were put to challenge in W.P.(MD)No.14938 of 2013. The writ petitioner therein namely, S.Muthumanickaraja contended that as a grandson of a freedom fighter, he was entitled to be considered under priority category. The learned Single Judge while disposing of the writ petition vide order dated 02.06.2020 did not grant relief to the writ petitioner therein. But the learned Judge after perusing the record came to the conclusion that the entire appointment process was vitiated. For instance, it was pointed out 3/6

that one R.Sudharson Babu who was appointed under the priority category as physically challenged candidate was actually sponsored by the employment exchange only under general quota. After pointing out such other infirmities in the selection process, the entire selection was set aside and the employer was given liberty to fill up the posts of Assistant Manager afresh. Challenging the said order, S.Muthumanickaraja filed W.A.(MD)No.621 of 2020. The said writ appeal was dismissed by this Court vide order dated 25.08.2020. The said order has become final. 3.The Management of Tamil Nadu Civil Supplies Corporation as well as one of the unseated candidates namely, Muthuvelan, have filed these writ appeals.

4.We have to allow these writ appeals on a very short ground. It is well settled that in service jurisprudence challenge can be mounted only at the instance of an aggrieved individual. The writ petitioner / S.Muthumanickaraja was not given relief. This was on the ground that he was not even entitled to be considered under freedom fighter legal heirs quota. When once the learned Single Judge found that the writ 4/6

petitioner was not entitled to any relief, the writ petition should have been dismissed and the matter should have been allowed to rest there. There was no justification in going beyond and quashing the selection process with respect to the appellants herein more so at the instance of a person who was not eligible to be granted any relief. On this sole ground, we set aside the order of the learned Single Judge and the writ appeals are allowed. No costs. Consequently, connected miscellaneous petitions are closed.

(G.R.S. J.,) & (R.K.M. J.,) 02.12.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:

The Assistant Director, 5/6

G.R.SWAMINATHAN, J.

and R.KALAIMATHI, J.

ias W.A.(MD)No.467 of 2020 and W.A.(MD)No.525 of 2021 02.12.2025 6/6