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Madras High CourtWP(MD)/14676/2022dismissed

Pitchaimuthu v. The District Collector

2022-07-15Honourable Mr Justice G. Chandrasekharan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN W.P.(MD)No.14676 of 2022 Pitchaimuthu ... Petitioner Vs.

The District Collector, Karur District, Karur.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to appoint the petitioner as "Makkal Nala Paniyalar" of Sivayam Krishnarayapuram Taluk, Karur District.

For Petitioner : Mr.R.Murugappan For Respondent : Mrs.D.Farjana Ghousia, Special Government Pleader 1/5

O R D E R

This writ petition has been filed seeking a writ of Mandamus to direct the respondent to appoint the petitioner as "Makkal Nala Paniyalar" of Sivayam Krishnarayapuram Taluk, Karur District.

2. The learned counsel for the petitioner submitted that he was appointed as "Makkal Nala Paniyalar" on 11.09.1997. Thereafter, the said post was abolished. Now, a new policy decision has been taken by the Government for appointing the "Makkal Nala Paniyalar" who are removed, by way of giving reappointment. The petitioner submitted a representation to the respondent for reappointment on 14.06.2022. No order has been passed on his representation, dated 14.06.2022 and therefore, this writ petition has been filed.

3. The learned Special Government Pleader appearing for the respondent submitted that the petitioner has involved in a corruption case, while he was working as "Makkal Nala Paniyalar". A criminal proceeding was initiated against him and he was suspended on 2/5

11.05.2010. Subsequently, the petitioner was convicted for the offence under Section 12 of Prevention of Corruption Act, 1998, in Spl.C.C.No.6 of 2014 of Karur Court and sentenced to undergo rigourous imprisonment for two years with a fine of Rs.20,000/- (Rupees Twenty Thousand only) on 23.11.2021.

4. In view of the conviction and imprisonment of sentence, he is not entitled to be considered for the post of "Makkal Nala Paniyalar". That apart, he had suppressed the criminal case pending against him in this writ petition.

5. Considering the rival submissions and in the light of the submission made by the learned Special Government Pleader that the petitioner was convicted and sentenced in Spl.C.C.No.6 of 2014 for the offence under section 12 of Prevention of Corruption Act, as aforesaid, he is not entitled to be considered for the post of "Makkal Nala Paniyalar" he has also not mentioned about the criminal case in this writ petition.

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6. For all these reasons, this Court is of the view that the petitioner's prayer for appointing him as "Makkal Nala Paniyalar" cannot be considered. Therefore, this writ petition is dismissed. No costs. 15.07.2022 Index : Yes / No Internet : Yes / No RM To The District Collector, Karur District, Karur.

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G.CHANDRASEKHARAN, J.

RM W.P.(MD)No.14676 of 2022 15.07.2022 5/5