T.Sundaraj Perumal vs The District Collector
2024 Latest Caselaw 5077 Mad

Madras High Court

T.Sundaraj Perumal vs The District Collector on 4 March, 2024

Author: V.Bhavani Subbaroyan

Bench: V.Bhavani Subbaroyan

                                                                           W.A.(MD)No.1377 of 2017

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 04.03.2024

                                                   CORAM:

                      THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
                                           AND
                        THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN

                                            W.A.(MD)No.1377 of 2017


                T.Sundaraj Perumal                           .. Appellant/writ petitioner

                                                      Vs.

                1.The District Collector,
                Trichy District,
                Trichy.

                2.The Tahsildar,
                Marungapuri Taluk,
                Marungapuri,
                Trichy District.

                3.The Tahsildar,
                Manapparai Taluk,
                Trichy District.

                4.Ayyappan
                5.Thangaraj
                6.Muthamilselvan
                7.P.Ramachandran
                8.Annadurai
                9.M.Subbuvalli

                1/6
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                                                                                    W.A.(MD)No.1377 of 2017

                10.Meenakshi
                11.K.Shanthi
                12.Saritha
                13.Anusuya Devi                                           .. Respondents/Respondents


                PRAYER: Writ Appeal is filed under Clause 15 of Letters Patent to set aside the

                order dated 12.09.2017 passed in W.P(MD)No.23504 of 2017.


                                  For Appellant          : Mr.AN.Ramanathan

                                  For Respondents        : Mr.A..K.Manikkam
                                                          Special Government Pleader
                                                          for R1 to R3, R6, R8 & R9

                                                          :Mr.R.Subramanian for R10

                                                          : Mr.J.Anandkumar for R4, R5 and R7


                                                        JUDGMENT

(Judgment of the Court was delivered by V.BHAVANI SUBBAROYAN, J.)

The writ petitioner before the writ Court is the appellant herein. The

writ petition was filed for issuance of writ of certiorarified mandamus, to quash

the paper publication dated 26.07.2016 issued by the second respondent in

Dinathanthi Tamil Daily Newspaper calling for applications to the post of

Village Assistant in the second respondent Taluk Villages and direct the second

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respondent to issue proper publication by mentioning the appropriate

reservation to the post of Village Assistant to the respective Villages in the

second respondent Taluk and conduct interview to select eligible candidate

based on the category of reservation mentioned for the post of Village Assistant

in the respective Villages in the second respondent Taluk.

2. The facts of the case is that the petitioner/appellant belonging to

Ayan Poruvoi Village coming under Marungapuri Taluk, has wrongly sent his

application to the Tahsildar, Manaparai Taluk/third respondent instead of

sending his application to the second respondent. The third respondent, after

verifying the particulars, decided to allow him to participate in the selection

process conducted by the Tahsildar, Marungapuri Taluk/second respondent as

per the Notification, dated 26.07.2016. Accordingly, the petitioner/appellant

took part in the selection process conducted by the second respondent. The

learned Single Judge in the writ petition observed that the petitioner/appellant,

after accepting the call letter and taking part in the selection process, he cannot

challenge the notification issued by the second respondent and hence,

dismissed the writ petition vide order dated 12.09.2017.

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3. As per the order of this Court dated 12.09.2017, by proceedings

in Na.Ka.543/2016 dated 02.10.2017, the Tahsildar, Marungapuri Taluk/second

respondent appointed 11 Village Assistants and they have been working for

nearly 7 years in their respective posts. The learned Special Government

Pleader produced a copy of the said proceedings dated 02.10.2017 before this

Court.

4. This Court also find that the above said candidates were appointed

as per the settled legal procedures. Hence, nothing survives in this appeal and

accordingly, this Writ Appeal is dismissed as infructuous. No Costs.

                                                                        [V.B.S.,J.]     [K.K.R.K.,J.]
                                                                                04.03.2024
                NCC : Yes/No
                Index : Yes / No
                Internet : Yes
                PJL




                To
                1.The District Collector,
                Trichy District,
                Trichy.



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                2.The Tahsildar,
                Marungapuri Taluk,
                Marungapuri,
                Trichy District.

                3.The Tahsildar,
                Manapparai Taluk,
                Trichy District.





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                                  V.BHAVANI SUBBAROYAN, J.
                                                              and
                                     K.K.RAMAKRISHNAN, J.


                                                              PJL









                                                     04.03.2024





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