M.Sangili Pandiyan, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.15584 of 2017 M.Sangili Pandiyan ... Petitioner Vs.

The District Collector, Tirunelveli District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent to consider the petitioner's representation, dated 19.04.2017 and pass orders in accordance with law within a stipulated time.

For Petitioner : Mr.N.Karthik Kanna For Respondent : Mr.R.Karthikeyan Additional Government Pleader

O R D E R

By consent, the writ petition is taken up for final hearing at the admission stage itself.

2.Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents.

3. The petitioner has filed this writ petition for issuance of a Writ of Mandamus, directing the respondent to consider the petitioner's representation, dated 19.04.2017, wherein, the petitioner sought for an appointment as Thalayari. 4.The learned counsel appearing for the petitioner would submit that the petitioner is a 10th standard failed candidate and he knows to read and write Tamil and with the said qualification, he has also enrolled his name in the District Employment Exchange in the year 2010 and the same was also renewed periodically. On coming to know that a post of Village Assistant in his village is lying vacant for more than two years, he made an application on 19.04.2017 with all relevant documents. But, till date, his application has not been disposed of and therefore, a direction https://hcservices.ecourts.gov.in/hcservices/

may be issued, he pleaded.

5. This Court is unable to entertain this writ petition. The reason is that when the vacancy, as contended by the petitioner, is lying vacant for more than two years in the petitioner's village, it is for the District Collector, Tirunelveli, to notify the same by inviting applications from the eligible candidates for the said post. Till that exercise is done by the competent authority, this Court will not in a position to step into the shoes of the District Collector. Therefore, this writ petition fails and the same is dismissed. No costs. Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar To The District Collector, Thirunelveli District.

+1cc to Mr.N.Karthick kanna, Advocate in SR.No.74036 +1cc to The Special Government Pleader in SR.No.73876 Is/RR AE/MR KKR/SAR4/19.09.2017/2P/4C W.P.(MD)No.15584 of 2017 21.08.2017 https://hcservices.ecourts.gov.in/hcservices/