S.Malathy vs State Of Tamil Nadu Rep. By Its
2022 Latest Caselaw 13657 Mad

                                                                               W.A.No.1719 of 2022

                                      IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED: 01.08.2022

                                                              CORAM

                                       The Hon'ble Mr. Justice PARESH UPADHYAY
                                                             and
                                    The Hon'ble Mrs. Justice V.BHAVANI SUBBAROYAN

                                                   W.A.No.1719 of 2022

                     S.Malathy                                                    .. Appellant


                                                               Vs

                     1.State of Tamil Nadu rep. By its
                       Secretary to Government,
                       Health and Family Welfare Department,
                       Fort St. George, Chennai – 9.

                     2.The Joint Director,
                       Sanitary Works,
                       Tiruvannamalai,
                       Tiruvannamalai District.                                .. Respondents


                                  Appeal preferred under Clause 15 of Letters Patent against the

                     order dated 31.08.2017 made in W.P.No.33295 of 2016.


                                       For Appellant      :     Mr.A.R.Nixon




                     Page 1 of 5


https://www.mhc.tn.gov.in/judis
                                                                                   W.A.No.1719 of 2022




                                                         JUDGMENT

(Delivered by PARESH UPADHYAY, J.)

Challenge in this appeal is made to the order dated 31.08.2017

recorded on W.P. No.33295 of 2016. This appeal is by the writ

petitioner.

2. Learned advocate for the appellant has submitted that the

father of the appellant had died and the appellant's elder sister made

an application for compassionate appointment but during the pendency

of the application, the said sister got married and thereafter the

present appellant/ writ petitioner made an application for

compassionate appointment which ought not to have been rejected.

Learned single Judge, according to learned advocate for the appellant,

was in error while dismissing the petition and therefore it is submitted

that this appeal be entertained.

3. Having heard learned advocate for the appellant and having

considered the material on record this Court finds as under:

https://www.mhc.tn.gov.in/judis W.A.No.1719 of 2022

3.1 The date of death of the father of the writ petitioner is

29.03.2010. By this time, more than 12 years have passed. This

appeal is also against the judgment and order of learned single Judge

dated 31.08.2017 and five years have passed even after the judgment

of learned single Judge.

3.2 Learned single Judge in the concluding part of the judgment

has, inter alia noted that, the writ petitioner was not entitled to relief

also on the ground of delay and laches. This finding of learned single

Judge is challenged after five years. Cumulative effect thereof is that it

would not be just and proper to exercise powers under Clause 15 of

Letters Patent.

4. This writ appeal is therefore dismissed. No costs.

                                                                           (P.U., J)    (V.B.S., J)
                                                                                 01.08.2022
                     Index:No
                     mmi/7

https://www.mhc.tn.gov.in/judis W.A.No.1719 of 2022

To

1.The Secretary to Government, Health and Family Welfare Department, Fort St. George, Chennai – 9.

2.The Joint Director, Sanitary Works, Tiruvannamalai, Tiruvannamalai District.

https://www.mhc.tn.gov.in/judis W.A.No.1719 of 2022

PARESH UPADHYAY, J.

and V.BHAVANI SUBBAROYAN, J.

mmi

W.A.No.1719 of 2022

01.08.2022

https://www.mhc.tn.gov.in/judis