The Director of Rural Development v. Sivalingam.C

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Friday, the Fifteenth day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice BATTU DEVANAND WMP(MD) No.18940 of 2023 IN WP(MD) No.10443 of 2016 THE DIRECTOR OF RURAL DEVELOPMENT, PANAGAL BUILDING, SAIDAPET, CHENNAI-600 015. ... PETITIONER/PETITIONER/2nd RESPONDENT

Vs 1 SIVALINGAM.C ... RESPONDENT/RESPONDENT/PETITIONER 2 THE GOVERNMENT OF TAMIL NADU REP. BY ITS SECRETARY, RURAL DEVELOPMENT DEPARTMENT, FORT ST. GEORGE, SECRETARIAT, CHENNAI-600 009. ... 2nd RESPONDENT/2nd RESPONDENT/1st RESPONDENT 3 THE DISTRICT COLLECTOR/ INSPECTOR OF PANCHAYATS, PUDUKOTTAI DISTRICT, PUTHUKOTTAI. ... 3rd RESPONDENT/3rd RESPONDENT/3rd RESPONDENT 4 THE BLOCK DEVELOPMENT OFFICER, ANNAVASAL PANCHAYAT UNION, PUTHUKOTTAI DISTRICT. ... 4th RESPONDENT/4th RESPONDENT/4th RESPONDENT Writ Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to recall the Warrant ordered in WMP(MD).No.18492 of 2023 in WP(MD).No. 10443 of 2016 dated 12.09.2023. Prayer in WP(MD). 10443/ 2016 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to regularize the service of the petitioner as watchman from the date of his initial appointment by absorbing him in the time scale of pay in any one of the existing vacancies under their control and to grant all consequential service and monetary benefits. ORDER : This Writ Miscellaneous petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.VEERAKATHIRAVAN, Additional Advocate General assisted by Mr.P.SUBBARAJ, Special Government Pleader for the petitioner, the Court made the following order:- On 12.09.2023, while dismissing W.M.P(MD)No.18492 of 2023 filed by the petitioner herein, this Court issued bailable warrant against the petitioner/R2. The present miscellaneous petition is filed to recall the warrant issued by order dated

12.09.2023.

¶2Heard Mr.Veerakathiravan, learned Additional Advocate General and perused the averments made in the accompanying affidavit.

¶3The petitioner herein is also present before this Court.

¶4Considering the facts and circumstances of the case and the averments made in the accompanying affidavit, this Court satisfied to recall the warrant issued against the petitioner on 12.09.2023 in the interest of justice.

¶5Accordingly, W.M.P(MD)No.18940 of 2023 is allowed and bailable warrant issued against the petitioner herein on 12.09.2023 is recalled.

sd/-

15/09/2023

/ TRUE COPY /

/09/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. CM TO THE SECRETARY, GOVERNMENT OF TAMIL NADU RURAL DEVELOPMENT DEPARTMENT, FORT ST. GEORGE, SECRETARIAT, CHENNAI-600 009. THE DISTRICT COLLECTOR/ INSPECTOR OF PANCHAYATS, PUDUKOTTAI DISTRICT, PUTHUKOTTAI. THE BLOCK DEVELOPMENT OFFICER, ANNAVASAL PANCHAYAT UNION, PUTHUKOTTAI DISTRICT. THE DIRECTOR OF RURAL DEVELOPMENT, PANAGAL BUILDING, SAIDAPET, CHENNAI-600 015. COPY TO: THE COMMISSIONER OF POLICE, CHENNAI. ORDER IN WMP(MD) No.18940 of 2023 IN WP(MD) No.10443 of 2016 Date :15/09/2023 SS/DD/20/09/2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023