S.Arumugam, v. The Commissioner,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:02.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.M.P(MD).Nos.11097 and 11098 of 2018 S.Arumugam ... Petitioner Vs.

1.The Commissioner, Madurai Corporation, Madurai-20.

2.The Assistant Commissioner, (Personal)(Incharge) Madurai Corporation, Madurai District.

3.The Headmaster, Bharathiyar Corporation High School, Sellur Madurai-2.

... Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the second respondent in 1/4

Ma.Ni.27/008649/2018 dated 11.04.2018 and quash the same as illegal and consequently direct the respondents to alter the petitioner's date of birth as 03.04.1962 instead of 01.07.1960 as per the duplicate Certificate issued by the third respondent dated 17.12.1990. For Petitioner : Mr.K.C.Ramalingam For Respondents : Mr.T.S.Mohammed Mohideen for R1

O R D E R

When the matter was taken up for hearing, the learned counsel appearing for the petitioner would submit that the petitioner has made an application for alteration of date of birth on 19.03.2018. However, the said application was rejected citing Rule 49(b) of the Tamil Nadu State and Sub-ordinate Service Rules and Government Letter No. 33225/S/2004-2 P&AR dated 23.06.2004, on the ground that the application was submitted by the petitioner after a lapse of five years from the date of joining service and it is seen that the petitioner retired from service as early as on 30.06.2018.

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2. In view of the submission made by the learned counsel appearing for the petitioner, nothing survives for adjudication in the present writ petition. Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 02.03.2023 ssb NCC:Yes/No Index:Yes/No Internet:Yes/No To 1.The Commissioner, Madurai Corporation, Madurai-20.

2.The Assistant Commissioner, (Personal)(Incharge) Madurai Corporation, Madurai District.

3.The Headmaster, Bharathiyar Corporation High School, Sellur Madurai-2.

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M.DHANDAPANI,J.

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