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Madras High CourtWP(MD)/8102/2016closed

S.Venkateswaran, v. The District Collector Cum

2023-02-02Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY S.Venkateswaran ...

Petitioner Vs.

1.The District Collector cum The Inspector of Panchayats, Virudhunagar District @ Virudhunagar.

2. The Block Development Officer, Sivakasi Panchayat Union, Virudhunagar District.

3. The Block Development Officer, Vembakottai Panchayat Union, Virudhunagar District.

4. The President, Puliparaipatti Village Panchayat, Vembakottai Panchayat Union, Virudhunagar District.

...

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st and 3rd respondents herein to 1/6

accommodate the petitioner in the 4th respondent Panchayat as Panchayat Assistant, based on the consent letter of the 4th respondent herein, dated 30.07.2015 and pass such further or other orders as this Hon'ble Court. For Petitioner : M/s.M.Padmavathy For Respondents : Mr.N.Muthuvijayan Special Government Pleader

ORDER

This Writ Petition has been filed seeking direction to the 1st and 3rd respondents, to accommodate the petitioner in the 4th respondent Panchayat as Panchayat Assistant, based on the consent letter of the 4th respondent, dated 30.07.2015.

2. The writ petitioner has joined service as Part-time Panchayat Clerk on 01.11.1996. He was appointed through resolution No.11 of 1996. Thereafter his name was falsely implicated in a criminal case in Crime No.157 of 2001, which was numbered as S.C.No.11 of 2003. Based on the criminal case, the petitioner was orally denied any work. Thereafter, in the criminal case the petitioner was acquitted. He submitted a representation to allow him to join duty, 2/6

but his request was not considered by the respondents. Hence, the petitioner has approached this Court by way of filing writ petition in W.P(MD)No.637 of 2010 and the same was disposed on 21.01.2010, directing the 1st respondent to consider the representation of the petitioner dated 28.08.2009 and pass orders. The writ petitioner was considered and posted in Pillaiyarkulam Panchayat, Narikudi Panchayat Union, through resolution, dated 14.09.2011. However, again from February 2012 onwards, he was not allowed to continue his work due to change in the office of President after Local Body Election. Hence, the writ petitioner is before this Court.

3. The learned Special Government Pleader appearing for the respondents, on instructions submitted that now, the petitioner is allowed to serve. At present, he is serving in Vembakottai Block as Panchayat Clerk. This submission is recorded. If the petitioner was not paid any monetary benefits during this period the same shall be paid.

4. With this direction, this Writ Petition is disposed of. No Costs. 3/6

Index : Yes / No 02.02.2023 Internet : Yes ksa 4/6

To:

1.The District Collector cum The Inspector of Panchayats, Virudhunagar District @ Virudhunagar.

2. The Block Development Officer, Sivakasi Panchayat Union, Virudhunagar District.

3. The Block Development Officer, Vembakottai Panchayat Union, Virudhunagar District.

4. The President, Puliparaipatti Village Panchayat, Vembakottai Panchayat Union, Virudhunagar District.

5/6

S.SRIMATHY, J ksa Order made in 02.02.2023 6/6