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Madras High CourtWP(MD)/4676/2018dismissed

Somasundaram Aided Primary v. The District Collector,

2022-02-18Honourable Mrs Justice S.Srimathy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.02.2022

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD).Nos.4739 and 4740 of 2018 Somasundaram Aided Primary School, Kumbakonam Town and Taluk, Thanjavur District, Represented by its Secretary, Vijayakumari ... Petitioner Vs.

1.The District Collector, Thanjavur District, Thanjavur.

2.The Commissioner, Kumbakonam Municipality, Kumbakonam, Thanjavur District.

3.The Commissioner/Block Development Officer, Kumbakonam Panchayat Union, Kumbakonam, Thanjavur District.

4.Tmt.Meenakshi ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the second respondent in his proceedings in Na.Ka.No.1408/2018/C3 dated 22.02.2018 and quash the same and consequently direct the respondents to select and appoint any suitable person for the post of noon Meal Organiser from the list of candidates submitted by the petitioner school. For Petitioner : Mr.K.M.Karunakaran For R-1 to R-3 : Mrs.D.Farjana Ghoushia, Special Government Pleader.

For R-4 : No Appearance 1/3

ORDER

The present Writ Petition is filed to quash the impugned order dated 22.02.2018 and directing the respondents to select and appoint any suitable person for the post of noon Meal Organiser from the list of candidates submitted by the petitioner school.

2. The same issue was raised in some other writ petitions and the same was allowed. The Government preferred Writ Appeals in the batch of Writ Appeals in W.A.(MD).No.107 of 2013 and the Writ appeals were allowed vide order dated 28.10.2020. The similar issue was also considered by learned Single Judge in W.P.(MD).No.3213 of 2018 and the same was dismissed. Hence the present writ petition, following the batch of writ appeals and the writ petition is dismissed.

3. Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions stand closed.

Sd/- Deputy Registrar (A/C's) // True Copy // / /2022 Sub Assistant Registrar(CS) Nsr 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.

To 1.The District Collector, Thanjavur District, Thanjavur.

2.The Commissioner, Kumbakonam Municipality, Kumbakonam, Thanjavur District.

2/3

3.The Commissioner/Block Development Officer, Kumbakonam Panchayat Union, Kumbakonam, Thanjavur District.

+1 CC to M/s.G.GOMATHISANKAR, Advocate ( SR-7158[F] dated 18/02/2022 ) +1 CC to M/s.SPL GP ( SR-7473[F] dated 21/02/2022 ) 18.02.2022 KG(CO) KB(18.03.2022) 3P 6C 3/3