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Madras High CourtWP(MD)/4033/2017dismissed as infructuous

Veerapandiya Kattabomman v. The District Collector

2024-08-13Honourable Mr Justice Abdul Quddhose6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.(MD)No.3208 of 2017 Veerapandiya Kattabomman Elementary School, Kaarisathan 627753, Kuruvikulam Range, Tirunelveli District, By its Secretary, P.Bharathimohan.

... Petitioner /Vs./ 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Personal Assistant to The Collector, Office of District Collector, Tirunelveli District, Tirunelveli.

3.The Commissioner Of Panchayat Union, Kuruvikulam, Tirunelveli District.

... Respondents 1/6

P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the entire records relating to the impugned notification issued by the 1st respondent in his proceedings during the month of January 2017 insofar as Serial No. 11 is concerned and Quash the same and direct the 1st respondent to call for the candidates list from the petitioner's school management for the post of noon meal assistant in the petitioner's school namely Veerapandiya Kattabomman Elementary School, Kaarisathan 627753, Kuruvikulam Range, Tirunelveli District.

For Petitioner : Mr.K.K.Kannan For Respondents : Mrs.D.Farjana Ghoushia Special Government Pleader

ORDER

This matter is listed before me for the second time.

2. On the last hearing date, ie., on 06.08.2024, it was represented by the learned Special Government Pleader appearing for the respondents 2/6

that the matter has now become infructuous, since the Government Order, which is the subject matter of challenge in this writ petition has been upheld by a Division Bench of this Court, in its decision dated 28.10.2020 passed in W.A.(MD)No.107 of 2013 etc., batch. The Division Bench judgment dated 28.10.2020 referred to supra was also placed on record before this Court by the learned Special Government Pleader appearing for the respondents. On the last hearing date, the learned counsel appearing for the petitioner sought time to get instructions with regard to the submission made by the learned Special Government Pleader appearing for the respondents.

3. Today, the learned counsel appearing for the petitioner is satisfied with the submission made by the learned Special Government Pleader appearing for the respondents as stated supra. Since the Government Order, which is the subject matter of challenge in this writ petition has been upheld by the Division Bench of this Court, in its decision dated 28.10.2020 passed in W.A.(MD)No.107 of 2013 etc., batch, this writ petition has now become infructuous. 3/6

4. After recording the aforesaid fact, this writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.

13.08.2024 Index : Yes / No NCC : Yes / No Sm 4/6

TO:- 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Personal Assistant to The Collector, Office of District Collector, Tirunelveli District, Tirunelveli.

3.The Commissioner Of Panchayat Union, Kuruvikulam, Tirunelveli District.

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ABDUL QUDDHOSE, J.

Sm Order made in Dated:

13.08.2024 6/6