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Madras High CourtWP(MD)/15633/2021dismissed

Dinakaran S v. The District Collector

2021-09-01Honourable Mr Justice D. Krishnakumar2 pages

W.P. (MD)No.15633 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.09.2021

CORAM

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.(MD).No.15633 of 2021 S. Dinakaran ... Petitioner Vs.

1. The District Collector, Theni District.

2. The Assistant Director, Town Panchayats, Theni District.

3. The Executive Officer, Thenkarai Town Panchayat, At Kallipatti, Periyakulam Taluk, Theni District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Mandamus, directing the respondents herein to consider the representation of the petitioner dated 11.03.2021 for promotion of the petitioner as Driver for the vehicle of the 3rd respondent Town Panchayat on seniority basis as per G.O.(Ms)No.37 Municipal Administration & Water Supply (Town 1) Department dated 1.02.2011. For Petitioner :

Mr. K. Appadurai for Mr. A.C. Asai Thambi For Respondents :

Mr.Shanmugavel Counsel for State For R1 and R2 Mr. A. Baskaran, Government Advocate For R3

O R D E R

When the matter came up before this Court for admission, the learned Government counsel appearing for first and second respondents placed an order passed by the Assistant Director Town Panchayats, second respondent dated 12.04.2021 in Na.Ka.No.133/2021, wherein it is stated that the said request was not considered on the ground that there is no vacancy as on 03.02.2021.

2. In view of the rejection order passed, the prayer as sought for in the Writ Petition has become infructuous and the Writ Petition is dismissed. If the petitioner is aggrieved by the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P. (MD)No.15633 of 2021 aforesaid order passed by the second respondent, it is open to the petitioner to seek remedy in the manner known to law, if so advised.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) mnr To

1. The District Collector, Theni District.

2. The Assistant Director, Town Panchayats, Theni District.

3. The Executive Officer, Thenkarai Town Panchayat, At Kallipatti, Periyakulam Taluk, Theni District.

+1 CC to M/s.A.C.ASAI THAMBI, Advocate (SR-27949[F] dated 02/09/2021) +1 CC to M/s.SPL GP (SR-27882[F] dated 02/09/2021) W.P.(MD).No.15633 of 2021 01.09.2021 DKS(CO) SB(29.09.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2