Gowtham vs The Director
2023 Latest Caselaw 5006 Mad

                                                                         W.A(MD)No.534 of 2023


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                            DATED : 28.04.2023

                                                   CORAM:

                           THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                             and
                          THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI


                                           W.A(MD)No.534 of 2022

              Gowtham                                         ... Appellant/Petitioner

                                                    -vs-

              1.The Director,
                Directorate of Public Libraries,
                No.737/1, Anna Salai,
                Chennai – 600 002.

              2.The District Collector,
                Sivagangai District.

              3.The District Library Officer,
                O/o.District Library Office,
                Sivagangai District.                        ... Respondents/Respondents



              PRAYER: Appeal filed under Clause 15 of Letters Patent, against the order

              dated 07.03.2022 made in W.P(MD)No.14996 of 2021.


                           For Appellant     : Mr.C.Senthil Murugan

                           For Respondents : Mr.D.Sadiq Raja,
                                             Additional Government Pleader




                ____________
https://www.mhc.tn.gov.in/judis
              Page 1 of 5
                                                                         W.A(MD)No.534 of 2023


                                              JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.]

Being aggrieved by the order of the Writ Court, dated 07.03.2022

made in W.P(MD)No.14996 of 2021, the appellant/writ petitioner has filed

this writ appeal.

2. Though the challenge in the writ petition was to the order dated

05.07.2021, we find that the said order refers to the proceedings of the

Director of Libraries bearing No.9430/A4/2001, dated 04.08.2009 rejecting

the request of the petitioner for compassionate appointment. The

proceedings, dated 05.07.2021, is not a fresh rejection. It only reiterates

the earlier rejection. In the absence of challenge to the earlier rejection,

the subsequent order will not offer a cause of action to the petitioner to

move a writ petition under Article 226 of the Constitution of India. For this

reason as well as the reasons assigned by the Writ Court namely the

application having been filed beyond three years from the date of death of

the employee, the writ appeal fails and it is accordingly, dismissed. No

Costs.

                                                          [R.S.M., J.]           [L.V.G., J.]
                                                                         28.04.2023
              NCC         :Yes/No
              Index      :Yes/No
              PM

                ____________

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

W.A(MD)No.534 of 2023

To:

1.The Director, Directorate of Public Libraries, No.737/1, Anna Salai, Chennai – 600 002.

2.The District Collector, Sivagangai District.

3.The District Library Officer, O/o.District Library Office, Sivagangai District.

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

W.A(MD)No.534 of 2023

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

pm

W.A(MD)No.534 of 2023

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

W.A(MD)No.534 of 2023

28.04.2023

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