Madras High CourtWP(MD)/19379/2013dismissed

K. Mayandisamy, v. The District Collector

2018-02-27Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2018

CORAM:

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.19379 of 2013 and W.M.P.(MD)No.4144 of 2016 K.Mayandisamy : Petitioner Vs.

1.The District Collector, Theni District, Theni.

2.The Assistant Director of Panchayats, Collectorate Complex, Theni District, Theni.

3.Ettapparajapuram Panchayat, Rep. by the President, Ettapparajapuram, K.Mayiladumparai Panchayat Union, Andipatti Taluk, Theni District.

: Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the first respondent to appoint the petitioner as Panchayat Assistant in any one of the existing vacancy in G.Usilampatti or Chittharapatti in view of the representation of the petitioner dated 29.07.2013 and 28.10.2013, within the time stipulated by this Court. For Petitioner : Mr.P.Saravanakumar, for M/s.Udhaya Law Associates For Respondents : Mr.R.Sethuraman, Spl. Government Pleader

ORDER

The relief sought for in this Writ Petition is to direct thefirst respondent to appoint the petitioner as Panchayat Assistant in any one of the existing vacancy in G.Usilampatti or Chittharapatti in view of the representation of the petitioner dated 29.07.2013 and 28.10.2013.

2.The grievances of the Writ Petitioner is that he was falsely implicated in a criminal case and subsequently, acquitted from the charges. During the pendency of the Writ Petition, https://hcservices.ecourts.gov.in/hcservices/

disciplinary proceedings were initiated and the Petitioner was dismissed from service. However, after an order of acquittal passed by the Criminal Court of Law, the Writ Petitioner submitted a representation on 28.10.2013 and the same is yet to be considered. 3.Thus, without going into the merits of the matter, the first respondent is directed to consider the representation submitted by the Petitioner on 28.10.2013 and pass orders on merits and in accordance with law within a period of 12 weeks from the date of receipt of a copy of this order. The Writ Petitioner is directed to enclose a copy of the representation and the documents, if any, along with a copy of this order to the second respondent, for further action.

4.Accordingly, the Writ Petition stands disposed of. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (AS) /True copy/ Sub Assistant Registrar To 1.The District Collector, Theni District, Theni.

2.The Assistant Director of Panchayats, Collectorate Complex, Theni District, Theni.

3.The President, Ettapparajapuram Panchayat, Ettapparajapuram, K.Mayiladumparai Panchayat Union, Andipatti Taluk, Theni District.

+1cc to M/S.Special Government Pleader,SR. 52018 W.P.(MD)No.19379 of 2013 27.02.2018 VSN KK/SKN RSK/SAR 4/09.03.2018/ 2P- 5C/ https://hcservices.ecourts.gov.in/hcservices/