S.Kadhali Ganesh, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.06.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD)Nos.8607 and 8608 of 2018 S.Kadhali Ganesh ... Petitioner vs.

1.The District Collector, Pudukottai District, Pudukottai.

2.The Assistant Director of Panchayat, Pudukottai District, Pudukottai.

3.The Special Officer / Block Development Officer (V.P.), Ponnamaravathi Panchayat Union, Pudukottai.

... Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned notification issued by the 3rd respondent in Na.Ka.No.52/1062/2018, dated 26.03.2018, published in Dinamalar daily news paper, dated 28.03.2018, in so far as Thirukalampur Village Panchayat is concerned and to quash the same as illegal and consequently, to direct the 3rd respondent to follow procedure in accordance with the Tamil Nadu Panchayat Act, 1994, as well as G.O.Ms.No.175, Rural Development and Panchayat Raj Department, dated 05.12.2016, in filling up the post of Panchayat Secretary. For Petitioner : No appearance For Respondents : Mr.Veera Kathiravan Additional Advocate General assisted by Mr.R.Suresh Kumar Additional Government Pleader *****

O R D E R

This writ petition is filed for writ of Certiorarified Mandamus, to quash the impugned notification dated 26.03.2018 published by the 3rd 2/6

respondent in Dinamalar daily newspaper, dated 28.03.2018, in so far as Thirukalampur Village Panchayat is concerned as illegal and consequently to direct the 3rd respondent to follow procedure in accordance with the Tamil Nadu Panchayat Act, 1994, as well as G.O.Ms.No.175, Rural Development and Panchayat Raj Department, dated 05.12.2016, in filling up the post of Panchayat Secretary.

2. The contention of the petitioner is that the respondents ought to follow G.O.Ms.No.175, Rural Development and Panchayat Raj Department, dated 05.12.2006 and not G.O.Ms.No.72, Rural Development and Panchayat Raj Department, dated 24.07.2013.

3. This writ petition is filed challenging the newspaper advertisement issued to fill up the post. It is submitted that the respondents have not processed the advertisement and has not appointed 3/6

anybody. Hence this Court is inclined to dismiss the writ petition as infructuous.

4. It is also submitted that the Government has intended to issue fresh rules and the post would be filled up based on the rules. Therefore, the respondents shall fill up the said post based on the fresh rules which will be issued in future. Hence, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Index : Yes / No 23.06.2023 Internet : Yes NCC : Yes / No Tmg 4/6

To 1.The District Collector, Pudukottai District, Pudukottai.

2.The Assistant Director of Panchayat, Pudukottai District, Pudukottai.

3.The Special Officer / Block Development Officer (V.P.), Ponnamaravathi Panchayat Union, Pudukottai.

5/6

S.SRIMATHY, J Tmg 23.06.2023 6/6