Madras High CourtWP(MD)/21529/2017dismissed

Saraswathi v. The District Collector

2021-03-22Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:22.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)No.21529 of 2017 and W.M.P.(MD).No.17814 of 2017 Saraswathi ... Petitioner Vs.

1. The District Collector, Tirunelveli, Tirunelveli District.

2. The Revenue Divisional Officer, Tirunelveli, Tirunelveli District.

3. The Tahsildar, Sankarankovil Taluk, Tirunelveli District.

4. Vennila ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 3 to cancel the order of appointment of the fourth respondent as Village Assistant, Naduvakurichi Major Village, Sankarankovil Taluk, Tirunelveli District. For Petitioner : Mr.R.J.Karthick For R1 to R3 : Mr.M.Muthugeethayan Special Government Pleader For R4 : Mr.J.C.Ratnavel Pandian

O R D E R

This writ petition has been filed for a direction to the respondents 1 to 3 to cancel the order of appointment of the fourth respondent as Village Assistant, Naduvakurichi Major Village, Sankarankovil Taluk, Tirunelveli District.

2. The case of the petitioner is that the petitioner is eligible for appointment to the post of Village Assistant. The third respondent, in the year 2016, by paper publication, called for applications for the post of Village Assistant in Naduvakurichi Major Village and the upper age limit was fixed as 35 years. The fourth respondent's husband viz., Balamurugan was https://hcservices.ecourts.gov.in/hcservices/ 1/2

very much interested in the said post, whereas, he has crossed the upper age limit. Hence, his wife was participated in the selection process and she was given appointment as Village Assistant. But, the name of the petitioner was not considered. Therefore, the petitioner has filed the present writ petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that the petitioner is fully eligible to the post of Village Assistant. However, the fourth respondent, who is ineligible, was given appointment.

4. Considering the fact that though the petitioner claimed that she is eligible to the post of Village Assistant, she has not challenged the order of appointment of the fourth respondent. Without challenging the order of appointment of the fourth respondent, filing the present writ petition is not maintainable. Accordingly, this Writ Petition is dismissed with liberty to the petitioner to work out the remedy, in the manner known to law. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) akv To

1. The District Collector, Tirunelveli, Tirunelveli District.

2. The Revenue Divisional Officer, Tirunelveli, Tirunelveli District.

3. The Tahsildar, Sankarankovil Taluk, Tirunelveli District.

+1 CC to M/s.SPL GP ( SR-12940[F] dated 23/03/2021 ) +1 CC to M/s.R.J.KARTHICK, Advocate (SR-13143[F] dated 23/03/2021 ) W.P.(MD)No.21529 of 2017 22.03.2021 VB (07/05/2021) 2P / 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2