Madras High Court
The Commissioner vs R.Nallaiah : 1St on 7 June, 2021
W.A.(MD)No.1082 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1082 of 2021
and
C.M.P.(MD)No.4798 of 2021
The Commissioner,
Karur Municipality,
Karur District. : Appellant/2nd Respondent
Vs.
1.R.Nallaiah : 1st Respondent/Petitioner
2.The Director of Municipal Administration,
Chepauk,
Chennai – 600 005. : 2nd Respondent/1st Respondent
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent,
praying to set aside the order dated 28.01.2019, in W.P.(MD)No.23758 of
2018 on the file of this Court.
For Appellant : Mr.D.Raghu
For R – 1 : Mr.T.S.Mohammed Mohideen
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1/4
W.A.(MD)No.1082 of 2021
JUDGMENT
***************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
We have heard Mr.D.Raghu, learned Counsel appearing for the
appellant and Mr.T.S.Mohammed Mohideen, learned Counsel appearing
for the first respondent.
2.This Writ Appeal filed by the Karur Municipality is directed
against the order and direction in W.P.(MD)No.23758 of 2018 dated
28.01.2019.
3.The direction issued in the Writ Petition is to consider the
representation of the petitioner, dated 31.08.2018.
4.The learned counsel appearing for the appellant submitted
that the appellant/Municipality is aggrieved, because the learned Single
Bench had directed the representation to be considered in the light of
G.O(Ms)No.125, Municipal Administration and Water Supply Department,
dated 27.05.1999 and the order made in W.P.No.36695 of 2004.
5.It is pointed out that the legal issue involved is whether the
Municipality can be compelled to regularise an employee from a
particular date based on various Government Orders, namely G.O(Ms)No.
21, dated 23.02.2006 and G.O(Ms)No.125, dated 27.05.1999.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1082 of 2021
6.It has been held by the Honourable Division Bench that the
directions issued by the Government is not mandatory to be followed by
the Municipalities and local bodies. If such is the legal position as on
date, a positive direction cannot be issued to the appellant to consider the
representation given by the first respondent/writ petitioner in a particular
fashion. All that we can do is to direct the appellant to consider the
representation given by the first respondent/writ petitioner on merits and
in accordance with law.
7.Accordingly, the Writ Appeal is partly allowed and the order
and direction issued in the Writ Petition is modified to the effect of
directing the appellant/Municipality to consider and dispose of the
representation given by the petitioner dated 31.08.2018, on merits and in
accordance with law within a period of twelve weeks from the date of
receipt of a copy of this Judgment. No costs. Consequently, connected
Miscellaneous Petition is closed.
[T.S.S., J.] & [S.A.I., J.]
07.06.2021
Index : Yes / No
Internet : Yes / No
PS/MR
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.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1082 of 2021
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
PS/MR
To
The Commissioner,
Karur Municipality,
Karur District.
JUDGMENT MADE IN
W.A.(MD)No.1082 of 2021
07.06.2021
https://www.mhc.tn.gov.in/judis/
