Sundar Raj v. Directorate Of Town Panchayats

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :15.10.2020

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.(MD) No.14187 of 2020 and W.M.P.(MD) Nos.11844 & 11847 of 2020 Sundar Raj ... Petitioner Vs

1. The Director of Town Panchayats, Kuralagam, Chennai 600 108, Email:dtp@tn.nic.in

2. The District Collector, Office of the Collectorate, Nagercoil, Kanyakumari District.

3. The Assistant Director, Office of the Assistant Director of Town Panchayat, Nagercoil Zone, Email:adtpkkngl@gmail.com.

4. The Executive Officer, Thiruvattar, No.6/6, Kolvel, Thiruvarambu Post 629 161, Email:thiruvattartp@gmail.com.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Notification dated 10.11.2019 issued by the 3rd respondent as published in Makkal Kural vide Na.Ka.No.7806/2019/P5 the daily news paper dated 10.11.2019 for cadre strength of posts, quash the same as illegal, arbitrary and devoid of merit and consequently direct the respondents consider the representation dated 21.9.2020 and direct to initiate appropriate action against the 3rd respondent for acting in contrary to the government order and law. Further to ensure issuance of fresh notification in compliance with the community roster as prescribed by law.

For Petitioner : Mr.T.Annamalai 1/3

ORDER

Challenging the impugned notification dated 10.11.2019 issued by the 3rd respondent, the present writ petition styled as Public Interest Litigation came to be filed.

2.It is seen from the affidavit that the 3rd respondent has issued the impugned notification dated 10.11.2019, calling for the applications to fill up the posts of Office Assistant, Meter Reader and Sweeper in Koditharavilai Village, Thiruvarambu Post, Kalkulam Taluk, Kanyakumari District. Further, it is seen that the petitioner is an Ex-Councillor of the said village and obviously, he is not going to apply for the aforesaid posts and that therefore, his right is not going to be affected, by virtue of the impugned notification dated 10.11.2019.

3.Viewing from any angle, this Court is unable to trace anything, which would affect the rights of the petitioner but to protect the rights of the public, which is not permissible in service matter, thus, this Court finds no merit in the present writ petition. Therefore, I propose to dismiss the present writ petition as not maintainable.

4.Accordingly, the Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) mm 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.

2/3

To

1. The Director of Town Panchayats, Kuralagam, Chennai 600 108,

2. The District Collector, Office of the Collectorate, Nagercoil, Kanyakumari District.

3. The Assistant Director, Office of the Assistant Director of Town Panchayat, Nagercoil Zone, W.P.(MD) No.14187 of 2020 15.10.2020 SE(CO) CS(05.11.2020) 3P 4C 3/3