Madras High Court
Regan vs / on 21 January, 2020
Author: M.S.Ramesh
Bench: M.S.Ramesh
W.P.(MD)No.974 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.01.2020
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P.(MD)No.974 of 2020
and
W.M.P(MD).Nos.784, 786 and 787 of 2020
Regan ... Petitioner
/vs./
1.The Director of Town,
Panchayat, Government of Tamil Nadu,
Kuralagam, Chennai-28.
2.The Assistant Director of Town Panchayat,
NGO “B” Colony,
Tirunelveli.
3.The District Employment Officer,
Tirunelveli District,
Tirunelveli.
4.The Executive Officer,
Pathamadai Town Panchayat,
Pathamadai & Post,
Cheranmahadevi Taluk,
Tirunelveli. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorarified Mandamus, to call for the records relating
to the notice published in Makkal Mugam News Paper vide notice vide
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http://www.judis.nic.in
W.P.(MD)No.974 of 2020
Na.Ka.No.3783/2019/Pa4/ dated 11.11.2019 by second respondent quash
the same and direct the fourth respondent to consider the application of the
petitioner sent by post since the said application submitted by the petitioner
in person was not received and refused by the fourth respondent and to
pass orders on merits by giving appointment to the petitioner as sweeper in
the fourth respondent town panchayat under the reserved category under
scheduled caste candidate and to grant such other.
For Petitioner : Mr.P.Senthur Pandian
For Respondents : Mr.M.Karuppasamy
Government Advocate (for R1 to R3)
Mr.M.Rajarajan
Government Advocate (For R4)
ORDER
By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
2. The learned counsel for the petitioner has challenged the notification dated 11.11.2019 calling for applications for appointment of Sweeper post in the fourth respondent panchayat.
3.It is the submission of the learned counsel for the petitioner that the communal reservation, as stipulated in G.O.Ms.No.142, Personnel and Administrative Reforms (K) Department, dated 14.10.2009 has not been followed, while the notification came to be issued. 2/4 http://www.judis.nic.in W.P.(MD)No.974 of 2020
4.Today, when the matter was came up for hearing, the learned Government Advocate for the third respondent produced a copy of written instructions of the third respondent admitting that the communal rotation was not followed, while the notification was issued and therefore, they intend to withdraw the impugned notification and issue an amended fresh notification.
5.In view of such submission made, the petitioner may not have any further grievance.
6.Recording the statement made by the third respondent to issue a fresh notification by having earlier notification dated 11.11.2019 withdrawn, the Writ Petition stands closed. If at all the petitioner is aggrieved against any future notification that may be issued, it is open to the petitioner to question the same in accordance with law. No costs. Consequently, connected Miscellaneous Petitions are closed.
21.01.2020 Index : Yes / No Internet : Yes / No rmk M.S.RAMESH, J.
3/4 http://www.judis.nic.in W.P.(MD)No.974 of 2020 rmk To
1.The Director of Town, Panchayat, Government of Tamil Nadu, Kuralagam, Chennai-28.
2.The Assistant Director of Town Panchayat, NGO “B” Colony, Tirunelveli.
3.The District Employment Officer, Tirunelveli District, Tirunelveli.
4.The Executive Officer, Pathamadai Town Panchayat, Pathamadai & Post, Cheranmahadevi Taluk, Tirunelveli.
Order made in W.P.(MD)No.974 of 2020 Dated:
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