Writ petition challenging the appointment of another candidate as Village Assistant. Petitioner failed to prove bona fide residence during cross-verification. Court dismissed petition due to lack of legal right to challenge.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14.03.2018
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.4352 of 2011
and
M.P.(MD)No.2 of 2011
S.Selvi
... Petitioner
Vs
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for records pertaining to the impugned order in Na.Ka./A3/12942/2006 dated 22.03.2010 on the file of the respondent No.3 and quash the same as illegal and consequently to direct the respondent No.3 to appoint the petitioner in the post of Village Assistant in Melamaruthappapuram Village.
For Petitioner : Mr.T.Lajapathi Roy For R1 to R3 : Mrs.VPM.Vaishnavi Government Advocate For R4 : No appearance
ORDER
The order of appointing the fourth respondent as Village Assistant vide proceeding dated 22.03.2010 is under challenge in this writ petition.
2
3
“13. It is submitted that even though the writ petitioner is fully qualified for the appointment of Village Assistant she has not proved her bonafide residence in the Duty village. However, an spot inspection conducted by the District Revenue Officer, Tirunelveli on 09.09.2010 at about 7.30 p.m., visited the place of the petitioner and it was found that the petitioner physically residing at Sankarankoil with her family and not in the place, she has stated. Hence an order in this regard passed in the proceedings (D.R.O.) A1/27347/2010 dated 16.09.2010.”
Sd/-
Assistant Registrar(CS-II)
/True Copy/
Sub Assistant Registrar
To
Veerakeralampudur Taluk, Tirunelveli District.
+1cc to Mr.T.Lajapathi Roy, Advocate Sr.No.55384
+1cc to Spl.Government Pleader Sr.No.55635 PNN
VB/KKR/SAR1/26.03.2018/3P/6C
W.P.(MD) No.4352 of 2011
14.03.2018
3 issues framed by the court
Whether the writ petitioner can be appointed as Village Assistant when a spot inspection confirmed she was residing outside the duty village.
Whether the petitioner has accrued a legal right to challenge the appointment of another candidate.
Whether the impugned appointment order should be quashed given the failure to prove bona fide residence.
S.Selvi
The District Collector, Tirunelveli District
The Revenue Divisional Officer, Tenkasi
The Thasildar, Veerakeralampudur Taluk
Aavudaithangam
S.M. Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
