A.Backiam, v. The Distirict Collector
W.P(MD).No.24447 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:17.12.2021
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.(MD).No.24447 of 2018 and W.M.P.(MD).No.22147 of 2018 A.Backiam ... Petitioner vs.
1.The District Collector, Madurai District, Madurai.
2.The Commissioner, Thirupparankundram Panchayat Union, Madurai District.
3.The Block Development Officer, Thirupparankundram Panchayat Union, Madurai District.
... Respondents PRAYER: Writ Petitions are filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the second respondent in Na.Ka.No.947/11/A5, dated 01.06.2011, quash the same, and consequently direct the respondents to pay pension to the petitioner by considering her 24 years of unblemished service and pay the salary and all other benefits including the increment, pongal bounus etc., which the petitioner is entitled.
For Petitioner : Ms.P.Kalaiyarasi Bharathi For R1 & R2 : Mr.A.K.Manikkam Special Government Pleader For R3 : No appearance
O R D E R
The petitioner has filed this writ petition challenging order dated 01.06.2011 passed by the Commissioner, Thirupparankundran Panchayat Union, rejecting the petitioner's claim for subsistence allowance for the period between 06.02.2007 to 24.09.2007. https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P(MD).No.24447 of 2018
2. The claim of the petitioner has been rejected on the ground that the petitioner had not worked for the aforesaid period.
3. Without going into the merits of the case, this Writ Petition is liable to be dismissed simply on laches, since the impugned order is dated 01.06.2011 and the present writ petition has been filed only on 10.12.2018, after a period of more than seven years.
4. There is not a whisper of an explanation for the delay in the writ petition affidavit and when a specific question is posed to the learned counsel in this regard, no explanation forthcoming. Hence, the Writ Petition is dismissed on the ground of laches. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) akv 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, Madurai District, Madurai.
2.The Commissioner, Thirupparankundram Panchayat Union, Madurai District.
3.The Block Development Officer, Thirupparankundram Panchayat Union, Madurai District.
+1 CC to M/s.SPL GP ( SR-39480[F] dated 20/12/2021 ) +1 CC to M/s.P.KALAIYARASI BHARATHI, Advocate ( SR-39403[F] dated 17/12/2021 ) ORDER MADE IN W.P.(MD).No.24447 of 2018 17.12.2021 KM(CO) TR(05.01.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2