S.Kandan v. The District Collector
W.P.(MD) No.12166 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2020
CORAM
THE HON'BLE MR.JUSTICE M.SATHYANARAYANAN and THE HON'BLE MR.JUSTICE P.RAJAMANICKAM W.P.(MD)No.12166 of 2020 (Through Video conferencing) S.Kandan
...Petitioner
-Vs1.The District Collector Tuticorin District.
2.The Assistant Director of Panchayath Collectorate Tirunelveli.
3.The Executive Officer Thenthiruperai Town Panchayath Thenthiruperai.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to follow the mandatory conditions mentioned in the notification in Na.Ka.No.3783/2019/Pa4 dated 03.08.2020 in the case of appointment of Office Assistant and Sweeper Posts in the 3rd respondent Town Panchayath by considering the representation dated 14.09.2020 of the petitioner in accordance with law. For Petitioner : Mr.S.Siva Thilakar For Respondents : Mr.M.Muthu Geethaiyan, Special Govt. Pleader for R1
ORDER
[Order of the Court was made by M.SATHYANARAYANAN, J., ] The petitioner claims to be a public interest litigant and admittedly he is a non-participant in respect of the selection process being done by the second respondent to the posts of Office Assistant and Sweeper.
2. The learned counsel appearing for the petitioner has drawn the attention of this Court to the notice of the second respondent dated 03.08.2020 and would submit that though the notification says the applications are invited only from the local area candidates, the persons who are hailing from outside the local area had also applied to the said posts and the representation submitted in this https://hcservices.ecourts.gov.in/hcservices/ 1/
W.P.(MD) No.12166 of 2020 regard, has failed to invoke any kind of response and therefore, he is constrained to approach this Court by filing this writ petition styled as a public interest litigation.
3. Mr.M.Muthugeethaiyan, learned Special Government Pleader accepts note on behalf of the first respondent.
4. Admittedly, the petitioner is a non-participant and if at all any persons aggrieved, it would be the participants, who are participating in the selection process in pursuant to the notification dated 03.08.2020 issued by the second respondent. The matter in issue also borders upon the service jurisprudence and in the light of the fact that the petitioner is a non-participant, he is lacking locus standi to file this writ petition as a public interest litigation.
5. In the result, this writ petition is dismissed as not maintainable. No costs.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) Vsm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The District Collector Tuticorin District.
2.The Assistant Director of Panchayath Collectorate Tirunelveli.
3.The Executive Officer Thenthiruperai Town Panchayath Thenthiruperai.
+1 CC to Mr.S. SIVATHILAKAR, Advocate ( SR-17652[F]dated 22/09/2020 ) +1 CC to SPL GP ( SR-17704[F] dated 22/09/2020 ) W.P.(MD)No.12166 of 2020 21.09.2020 VB (30.09.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/