S.Arumugam vs The Commissioner
2023 Latest Caselaw 5321 Mad

                                                                                  W.A(MD)No.654 of 2023


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 02.06.2023

                                                        CORAM:

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


                                                  W.A(MD)No.654 of 2023

                S.Arumugam                                          ... Appellant/Writ petitioner

                                                          -vs-

                1.The Commissioner,
                  Madurai Corporation,
                  Madurai – 20.

                2.The Assistant Commissioner,
                  (Personal) (In Charge),
                  Madurai Corporation, Madurai District.

                3.The Headmaster,
                  Bharathiyar Corporation High School,
                  Sellur, Madurai-2                    ... Respondents/Respondents



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

                dated 02.03.2023 in W.P(MD)No.12198 of 2018.

                                  For Appellant     : Mr.K.C.Ramalingam

                                  For R-1 & R-2    : Mr.S.Vinayak

                                  For R-3          : Mr.S.P.Maharajan,
                                                    Special Government Pleader




https://www.mhc.tn.gov.in/judis
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                                                                              W.A(MD)No.654 of 2023


                                                    JUDGMENT

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

Being aggrieved by the order of the Writ Court, dated 02.03.2023 made

in W.P(MD)No.12198 of 2018, the appellant/writ petitioner has filed this writ

appeal.

2. The appellant/writ petitioner is aggrieved by the dismissal of the

writ petition, the prayer in which was to quash the order rejecting the

request for correction of his date of birth from 01.07.1960 to 03.04.1962.

Apart from the fact that the said request for correction was made based on a

certificate issued by the University which came into existence in the year

2006, the request for correction itself was made after a period of five years

which is beyond the time prescribed under Rule 49(b) of Tamil Nadu State

and Subordinate Service Rules. The Writ Court has rightly rejected the

claim of the writ petitioner on the ground of delay only.

3. We do not find any irregularity or infirmity in the order of the writ

Court to enable us to entertain this writ appeal. Therefore, the writ appeal

stands dismissed. No Costs.

                                                         [R.S.M., J.]         [L.V.G., J.]
                                                                   02.06.2023
                NCC           :Yes/No
                Index        :Yes/No
                PM

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

W.A(MD)No.654 of 2023

To:

The Headmaster, Bharathiyar Corporation High School, Sellur, Madurai-2.

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

W.A(MD)No.654 of 2023

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

pm

W.A(MD)No.654 of 2023

02.06.2023

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