R. Rajendran v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.A.[MD].No.341 of 2017 R.Rajendran : Appellant Vs.

1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Revenue Divisional Officer, Sivagiri Taluk, Tirunelveli District.

3. The Tahsildar, Sivagiri Taluk, Tirunelveli District.

4. The District Employment Officer, District Employment Exchange, Tirunelveli.

5. G.Seevilpandi : Respondents PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the order dated 30.10.2013 made in W.P.(MD).No.17799 of 2013, on the file of this Court.

Prayer in WP(MD). 17799/ 2013 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 1st Respondent to conduct detailed enquiry in regard to the appointment made in the post of Village Assistant in sivagiri Tk since 2007 till date and take appropriate action against the alleged officials for the illegal and irregular appointments made by them and thereby make fresh recruitment as per the rules to the post of Village Assistant by considering case within the time limit that may be stipulated by this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.

For Appellant : Mr.G.Thalaimutharasu

For Respondent Nos.1 to4 : Mr.V.Muruganantham Additional Government Pleader

JUDGMENT

************* [Judgment of the Court was delivered by T.S.SIVAGNANAM, J.] Heard Mr.G.Thalaimutharasu, learned counsel appearing for the appellant and Mr.V.Muruganantham, learned Additional Government Pleader appearing for the respondents 1 to 4.

2. This Writ Appeal is directed as against the order dated 30.10.2013 made in W.P.(MD).No.17799 of 2013.

3. The appellant filed the Writ Petitioner seeking for a direction to the District Collector to conduct a detailed enquiry into the appointment of the fifth respondent herein to the post of Village Assistant in Sivagiri Taluk, since 2007 and take appropriate action against the alleged officials for the illegal and irregular appointments made by them and consequently conduct fresh recruitment, as per the Rules.

4. The learned Single Judge, in our considered view, has rightly dismissed the Writ Petition on the ground that merely because the information sought for by the appellant has not been furnished, it is not a ground for ordering an enquiry or investigation. Therefore, the appellant has not made out any case to grant the relief sought for by him. Accordingly, the Writ Appeal is dismissed. The dismissal of the Writ Appeal will not prejudice the rights of the appellant to pursue his remedy under the Right To Information Act, 2005, which was noted by the learned Single Judge, while dismissing the Writ Petition. No costs. Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Revenue Divisional Officer, Sivagiri Taluk, Tirunelveli District.

3. The Tahsildar, Sivagiri Taluk, Tirunelveli District.

4. The District Employment Officer, District Employment Exchange, Tirunelveli.

+1 CC TO MR.G.THALAIMUTHARASU,ADVOCATE,SR NO.50765 NB TE/SV-MMS/SAR-II : 13/04/2017 : 2P/6C JUDGMENT MADE IN W.A.[MD].No.341 of 2017 06.04.2017