Madras High Court
Sakkammal vs The Secretary To Government on 8 December, 2022
W.A.(MD)No.1477 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
AND
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.A.(MD)No.1477 of 2022
Sakkammal ... Appellant / Petitioner
-Vs-
1.The Secretary to Government,
Home Department,
St.George Fort, Chennai-09.
2.The District Collector,
Virudhunagar District,
Virudhunagar.
3.The Superintendent of Police,
Virudhunagar District,
Virudhunagar.
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W.A.(MD)No.1477 of 2022
4.The Revenue Divisional Officer,
Sattur Division,
Virudhunagar District.
5.The Tahsildar,
Rajapalayam Taluk Office,
Rajapalayam, Virudhunagar District.
6.The Inspector of Police,
District Crime Branch,
Virudhunagar, Virudhunagar District.
7.Pandiyan
8.Azhaguraja ... Respondents / Respondents
PRAYER: Appeal filed under Clause 15 of Letters Patent, praying this Court to
set aside the order dated 25.04.2022 made in W.P.(MD)No.4254 of 2021 on the
file of this Court.
For Appellant : Mr.M.Solaisamy
For R1, 2, 4 & 5 : Mr.M.Sarangan,
Government Advocate
For R3 & R6 : Mr.G.Manikandan
Government Advocate (Crl.Side)
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W.A.(MD)No.1477 of 2022
JUDGMENT
[Judgment of the Court was delivered by D.KRISHNAKUMAR, J.]
This Writ Appeal is directed against the order of this Court dated
25.04.2022 made in W.P.(MD)No.4254 of 2021.
2.The appellant / petitioner filed the aforesaid Writ Petition for
issuance of a Writ of Mandamus, directing the respondents 1 to 5 to take
appropriate action against the respondents 7 and 8 and remove them from the
post of Village Assistant, by considering the petitioner's representation dated
11.02.2020.
3.The case of the appellant / petitioner is that she is fully qualified to
apply for the post of Village Assistant and she and other candidates had appeared
for the interview, however, six persons were only selected for the post of Village
Assistant. It is the specific allegation of the petitioner that one of the conditions
prescribed for the appointment to the post of Village Assistant that the candidate
is able to ride a bicycle, has not been satisfied by the respondents 7 and 8 and
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W.A.(MD)No.1477 of 2022
they are not able to ride a bicycle. Admittedly, the respondents 7 and 8 selected
and appointed in the aforesaid post in the year 2012 itself. Since the petitioner
has not having the appointment order issued in favour of the respondents 7 and 8
at that time, after receiving the same through RTI, he filed the Writ Petition,
hence, there was a delay in approaching this Court. However, considering the
submissions made by either side, the Writ Court has dismissed the Writ Petition.
4.Per contra, the learned Government Advocate for the respondents 1,
2, 4 and 5 submitted that the appellant / petitioner has approached this Court
belatedly and there is no satisfactory explanation for the delay in approaching
this Court. Further, the Writ Court has rightly rejected the claim of the petitioner
by stating that the petitioner has not challenged the appointment order issued in
favour of the respondents 7 and 8. Further, there is no relevant material placed
before this Court to prima facie establish that the respondents 7 and 8 are not
eligible for the appointment to the post of Village Assistant.
5.Heard both sides and perused the materials on record.
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W.A.(MD)No.1477 of 2022
6.The aforesaid fact has not been disputed by the parties concerned.
The prayer sought for in the Writ Petition is to consider the representation of the
petitioner dated 11.02.2020 at the belated stage of 8 years from the appointment
of the respondents 7 and 8 in the aforesaid post. Though the appellant received
the appointment order issued in favour of the respondents 7 and 8, he has not
challenged the same in the Writ Petition. Therefore, the Writ Court has rightly
come to the conclusion that the relief cannot be granted. Apart from that the
appellant has not placed any material to show that the respondents 7 and 8 are
not qualified for the appointment to the post of Village Assistant on the ground
that the respondents 7 and 8 are the disabled persons. Therefore, in the absence
of any valid materials to consider the claim of the appellant and also considering
the fact that without challenging the appointment order, the appellant filed the
Writ Petition, we are not inclined to entertain this Writ Appeal as there is no
merit in the Writ Appeal. Hence, this Writ Appeal stands dismissed. No costs.
[D.K.K., J.] & [R.V., J.]
08.12.2022
Index : Yes / No
Internet : Yes / No
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.1477 of 2022
D.KRISHNAKUMAR, J.
AND
R.VIJAYAKUMAR, J.
Myr
To
1.The Secretary to Government,
Home Department,
St.George Fort, Chennai-09.
2.The District Collector,
Virudhunagar District,
Virudhunagar.
3.The Superintendent of Police,
Virudhunagar District, Virudhunagar.
4.The Revenue Divisional Officer,
Sattur Division, Virudhunagar District.
5.The Tahsildar,
Rajapalayam Taluk Office,
Rajapalayam, Virudhunagar District.
6.The Inspector of Police,
District Crime Branch,
Virudhunagar, Virudhunagar District.
W.A.(MD)No.1477 of 2022
08.12.2022
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