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Madras High CourtCMP(MD)/6795/2018dismissed

The Govt. Of Tamil Nadu v. P.Vairavan

2018-11-30Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice R. Tharani3 pages

EFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Thirtieth day of November Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice T.S.SIVAGNANAM and The Hon`ble Mrs.Justice R.THARANI CMP(MD) No.6795 of 2018 IN REV.APLC(MD) No.SR26302 of 2018 1 THE GOVERNMENT OF TAMIL NADU SECRETARY TO GOVERNMENT AND WATER SUPPLY DEPARTMENT, MUNICIPAL ADMINISTRATION, FORT ST. GEORGE, CHENNAI.

2 THE DIRECTOR OF TOWN PANCHAYATS, KURALAGAM CHENNAI.

3 THE DISTRICT COLLECTOR SIVAGANGAI, SIVAGANGAI DISTRICT.

4 THE SECRETARY TAMIL NADU PUBLIC SERVICE COMMISSION OMANTHOORAR GOVTERNMENT ESTATE, ANNASALAI CHENNAI-2 ...REVIEW PETIITONER/ PETITIONERS Vs P.VAIRAVAN ... RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 71 days in filing the Review Application as against the order in WA(MD) No.269 of 2018 dated 27.2.2018 and thus render justice.

PRAYER IN WA(MD) No. 269 of 2018 This Appeal is filed under Clause 15 of the Letters Patent, to set aside the order dated 04.01.2018 made in WP(MD) No. 10184 of 2013 on the file of this Court.

PRAYER IN WP(MD) No. 10184 of 2013 Writ Petition is filed under Article 226 of the

Constitution of India, praying this Court To issue a writ of mandamus or any other appropriate writ or order or direction in the nature of writ, directing the 1st Respondent to consider the case of the petitioner for appointment to the post of Junior Assistant on compassionate ground in accordance with the guidelines issued in G.o.Ms. No. 206 municipal Administration & water supply (Town panchayats 1) Department dated 02.11.1995 after getting necessary concurrence from the 4th Respondent herein with all consequential benefits and pass further or other order as this Honble Court. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/s.V.Srimathi,Special Government Pleader Advocate for the petitioner, the court made the following order:- (Order of the Court was made by T.S.Sivagnanam, J.) Heard M/s.V.Srimathi, learned Special Government Pleader for the petitioners.

2. This civil miscellaneous petition has been filed to condone the delay of 71 days in filing the above review application.

3. Though we are not convinced with the reasons assigned in the affidavit filed in support of this civil miscellaneous petition to condone the delay, yet we also consider as to what are the grounds raised by the petitioners in the review petition. We find that the grounds raised are virtually the grounds, which were canvassed before the Court, when the appeal was heard. Furthermore, we find that the direction issued by us, more particularly, in paragraph 7 of the judgment, is a direction to consider the representation of the appellant/writ petitioner.

4. Thus, we find there are no grounds for review also. Hence, this civil miscellaneous petition is dismissed. Consequently, the review application is rejected at the SR itself. sd/- 30/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE GOVERNMENT OF TAMIL NADU SECRETARY TO GOVERNMENT AND WATER SUPPLY DEPARTMENT, MUNICIPAL ADMINISTRATION, FORT ST. GEORGE, CHENNAI.

2 THE DIRECTOR OF TOWN PANCHAYATS, KURALAGAM CHENNAI.

3 THE DISTRICT COLLECTOR SIVAGANGAI, SIVAGANGAI DISTRICT.

4 THE SECRETARY TAMIL NADU PUBLIC SERVICE COMMISSION OMANTHOORAR GOVTERNMENT ESTATE, ANNASALAI CHENNAI-2

ORDER

IN CMP(MD) No.6795 of 2018 IN REV.APLC(MD) No.SR26302 of 2018 Date :30/11/2018 MSI/JC/SAR-IV/04.01.2019-3P/6C