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Madras High CourtWP(MD)/11281/2019dismissed

Manikandan, v. The District Collector

2022-04-11Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD) No.11281 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.04.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.11281 of 2019 Manikandan ... Petitioner -vs1. The District Collector, Collector's Office, Theni District.

2. The Block Development Officer, Block Development Office, Periyakulam, Theni District.

3. The Secretary, Vadugapatti Town Panchayath, Theni District.

... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the 3rd respondent to permit the petitioner to join in his duty as sweeper within a stipulated period as fixed by this Court with all consequential benefits.

For Petitioner :

Mr.K.Rajeshwaran For Respondents :

Mr.D.Sadiq Raja Additional Government Pleader ******

O R D E R

The relief sought for in the present writ petition is to direct the 3rd respondent to permit the petitioner to join in his duty as Sweeper.

2. The petitioner states that he joined as Sweeper in the 3rd respondent office on 13.03.2007 and was working. He was falsely implicated in a criminal case regarding the death of his wife in Crime No.58 of 2016 on the file of the Thenkarai Police Station. The petitioner was acquitted in the criminal case and was released from jail. After his release from the jail, he approached the 3rd https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.11281 of 2019 respondent to continue his job. However, the 3rd respondent has not permitted the petitioner.

3. The petitioner was terminated from service and the order of termination has not been challenged by him. In the absence of challenging the order of dismissal, mere direction to grant permission to the writ petitioner to join duty cannot be considered. It is not made clear when the writ petitioner was dismissed from service. Thus, the petitioner has not approached this Court with complete particulars regarding the dismissal from service etc. Therefore, the relief as such sought for in this writ petition cannot be granted.

4. Accordingly, the Writ Petition stands dismissed. However, there shall be no order as to costs.

Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) Abr To

1. The District Collector, Collector's Office, Theni District.

2. The Block Development Officer, Block Development Office, Periyakulam, Theni District.

3. The Secretary, Vadugapatti Town Panchayath, Theni District.

+1 CC to M/s.SPL.GP. ( SR-18156[F] dated 12/04/2022 ) W.P.(MD) No.11281 of 2019 11.04.2022 RK(25.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2