This appeal sets aside a Writ Court order issued after a power failure in the court room, holding the direction impinged on the High Court's internal administration and exceeded the scope of the writ petition.
Writ appeal allowed; the order and directions issued by the Writ Court are set aside.
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.
W.A.(MD)No.1061 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.10.2019
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI
The Registrar (Administration), Madurai Bench of Madras High Court, Madurai.
Madurai. : Appellant/Respondent No.5 Vs. 1.Vetrivel : 1st Respondent/Petitioner
2.The District Collector -cumInspector of Panchayat, Kanyakumari District, Nagercoil.
3.The Assistant Director of Panchayats, Office of the District Collector, Nagercoil.
4.The Block Development Officer, Thuckalay, Kozhiporevilai, Muzhagumoodu Post, Kanyakumari District.
5.The President, Nullivilai Panchayat, Kandanvilai Post, Kanyakumari District. : Respondents Nos.2 to 5/ Respondents Nos.1 to 4
PRAYER : Writ Appeal is filed under Clause 15 of the Letter Patent Act, to set aside the order passed in W.P.(MD)No.16250 of 2012 dated 13.06.2019 and allow the said writ appeal.
Prayer in WP(MD). 16250/ 2012 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus call for the records of the 4th respondent https://hcservices.ecourts.gov.in/hcservices/ proeedings in No.2/2012 dated 25.12.2011 and quash the same and
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consequently direct the 4th respondent herein to permit the petitioner to discharge his duites as Part Time over Head Tank Operator in the 4th respondent Panchayat.
For Appellant : Mr.D.Sivaraman For R1 : Mr.D.Srinivasa Raghavan For R2 and R3 : Mr.A.K.Baskara Pandian Special Government Pleader For R4 : Mr.D.Muruganantham Additional Government Pleader
JUDGMENT
[Judgment of this Court was made by T.S.SIVAGNANAM, J. ]
Heard Mr.D.Sivaraman, learned counsel for the appellant, Mr.D.Srinivasa Raghavan, learned counsel for the first respondent, Mr.A.K.Baskara Pandian, learned Special Government Pleader for the second and third respondents and Mr.D.Muruganantham, learned Additional Government Pleader for the fourth respondent. By consent on either side, this writ appeal is taken up for final disposal.
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the Court observed that rationalization of allotment of job responsibilities are to be done by conducting man power audit, which is an basic administrative principle. After raising these queries the learned Writ Court proceeded to pass the impugned order.
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open for the Court to tread into an non-territory. Further, it was pointed that the Court was not expected to adjudicate any matter academically in the absence of any real lis between the parties and the Courts are not entitled to create controversy and adjudicate upon the same.
Sub Assistant Registrar(CS )
ta
1.The District Collector -cumInspector of Panchayat, Kanyakumari District, Nagercoil.
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2.The Assistant Director of Panchayats, Office of the District Collector, Nagercoil. 3.The Block Development Officer, Thuckalay, Kozhiporevilai, Muzhagumoodu Post, Kanyakumari District. 4.The President, Nullivilai Panchayat, Kandanvilai Post, Kanyakumari District. Copy to: The Registrar (Administration), Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.D.SIVARAMAN SR-93998.
ORDER MADE IN W.A.(MD)No.1061 of 2019 23.10.2019
CS(07.11.2019) 5P 7C
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2 issues framed by the court
Whether the Writ Court was justified in issuing directions on High Court's internal administration beyond the scope of the writ petition arising from a power failure.
Whether verification of employee credentials and recruitment processes of the High Court were properly challenged and required judicial adjudication.
Colour shows how this judgement treated each authority
The Registrar (Administration), Madurai Bench of Madras High Court
Vetrivel
The District Collector -cum Inspector of Panchayat, Kanyakumari District
The Assistant Director of Panchayats
The Block Development Officer, Thuckalay
The President, Nullivilai Panchayat
T.S.Sivagnanam
R.Tharani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
