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Madras High CourtWP(MD)/7177/2018disposed of

S.Venkatesh Perumal v. The Director

2021-11-12Honourable Dr Justice Anita Sumanth2 pages

W.P(MD)No.7177 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.11.2021

CORAM:

THE HONOURABLE DR JUSTICE ANITA SUMANTH W.P.(MD) No.7177 of 2018 S.Venkatesh Perumal ... Petitioner Vs.

1.The Director, V.O.C.Chidambaranar Port Trust, General Administration Department, Thoothukudi 628 004.

2.The Secretary, V.O.C Chidambaranar Port Trust, General Administration Department, Thoothukudi 628 004.

3.Pradeep Balu

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondent to cancell the selection of Pradeep Balu as Manager(Corporate Legal) and consider the petitioner's representation dated 16.02.2018 and appoint the petitioner as Manager (Corporate Legal) in the first respondent office as the petitioner the most qualified person among the participants in the interview.

For Petitioner : Mr.K.V.Rajiv Rufus For Respondents : Mr.Mohaboob Fazil for M/s.T.Lajapathi Roy

O R D E R

Heard Mr.Rajiv Rufus, learned counsel for the petitioner and Mr.T.Lajapathi Roy, learned counsel appearing for all the respondents including the private respondent/third respondent/R3. Incidentally it is rather inappropriate for the same counsel to appear for official and private respondents seeing that allegations have been levelled as against the official respondent for the procedure adopted by them in recruiting R3.

2. Be that as it may, I am given to understand from the learned counsel appearing for the respondents that since R3 resigned from the position of Legal Officer of the V.O.C.Chidambaranar Port Trust, pending Writ Petition, the aforesaid post is vacant. Applications have been called for and the last date for the same is 22.11.2021.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.7177 of 2018

3. Thus, the petitioner may well participate in the appointment process and is permitted to make an application that shall be considered in accordance with law and all applicable Rules and Regulations.

4. This Writ Petition is disposed with the aforesaid directions. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) CM 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 Director, V.O.C.Chidambaranar Port Trust, General Administration Department, Thoothukudi 628 004.

2.The Secretary, V.O.C Chidambaranar Port Trust, General Administration Department, Thoothukudi 628 004.

+1 CC to M/s.T. LAJAPATHI ROY, Advocate ( SR-34413[F] dated 15/11/2021 ) W.P.(MD) No.7177 of 2018 12.11.2021 RD(29.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2