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Madras High CourtWP(MD)/18920/2021closed

Yuvaraj.M v. The Commissioner

2025-01-23Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Yuvaraj.M ... Petitioner Vs 1.The Commissioner, Commissionerate of Town Panchayats, 75, Santhome Salai, R.P.Puram, Chennai 28.

2.The Assistant Director, O/o. the Assistant Director of Town Panchayat, Collectorate, Dindigul 624001.

3.The Executive Officer, Natham Town Panchayat, Natham, Dindigul District- 624401.

4.Adharsh.B

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing 1/6

the respondents particularly the 1st respondent to constitute a committee to conduct an inquiry in the selection process of the 4th respondent to the post of Fitter at 3rd respondent office and further direct the 1st respondent to take appropriate disciplinary action against the erred officials and considering the petitioner's application to the post of Fitter at the 3rd respondent office and consider his representation, dated 06.10.2021.

For Petitioner : Mr.S. Sivakumar.

For R1 & R2 : Mr.K.Balasubramani Special Government Pleader For R3 : Mr.T.S.Mohamed Mohideen For R4 : Mr.M.Rajarajan

O R D E R

The petitioner is an unsuccessful candidate for the post of Fitter in the interview conducted by Natham Town Panchayat on 30.01.2021. After selection process, the fourth respondent herein was appointed as a Fitter in Natham Town Panchayat. The grievance of the petitioner is that the fourth respondent is not the resident of Natham and merely he is the son of the Block Development Officer, Dindigul, he has been appointed as a Fitter, though he is not eligible 2/6

for the said post. Therefore, this petitioner has submitted a representation to the Executive Officer, Natham Town Panchayat /the third respondent herein to take action as against the erring officials, who have appointed the fourth respondent as a fitter in the third respondent office and filed this writ petition.

2. Today(24.01.2025), when this writ petition is taken up for hearing, it is reported that on the very same allegation, this petitioner has also filed a complaint before the District Munsif cum Judicial Magistrate Court, Natham, under Section 156(3) of Cr.P.C., to register a case as against the third respondent and the other concerned officers and the same was referred to Natham Police Station for enquiry. The Inspector of Police, Natham Police Station has enquired the issue and closed the same as mistake of fact. 3.The learned counsel for the fourth respondent submits that the fourth respondent has studied at NPR College, Natham. The allegations made by the petitioner as against the fourth respondent 3/6

are false. The fourth respondent was appointed in the year 2021 and he was also permitted to work for the past four years in Natham Town Panchayat and therefore, this writ petition is liable to be quashed.

4.Since it is reported that the fourth respondent is working as a fitter in Natham Town Panchayat for the past four years and it is also stated that the fourth respondent has studied at Natham and it appears that the allegations made by this petitioner as against the fourth respondent appears to be vague and without any valid materials, this Court is not inclined to issue any direction in this writ petition on the vague allegations made by this petitioner as against the fourth respondent that he is a non-resident of Natham. Accordingly this writ petition is dismissed. No costs. 23.01.2025 NCC:Yes/No Index:Yes vrn 4/6

To 1.The Commissioner, Commissionerate of Town Panchayats, 75, Santhome Salai, R.P.Puram, Chennai 28.

2.The Assistant Director, O/o. the Assistant Director of Town Panchayat, Collectorate, Dindigul 624001.

3.The Executive Officer, Natham Town Panchayat, Natham, Dindigul District- 624401.

5/6

B.PUGALENDHI, J.

vrn Order made in 23.01.2025 (2/2) 6/6