Appeal against an order allowing a writ petition where an applicant was found innocent of suppressing material facts despite a past FIR closure as mistake of fact. Appeal dismissed at admission stage.
Writ Appeal dismissed at admission stage; connected Miscellaneous Petition closed.
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.1331 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
W.A.(MD) No.1331 of 2024 and
C.M.P.(MD) No.10438 of 2024
3.The Tahsildar, Lalgudi Taluk, Trichy District.
4.The Deputy Thasildhar, Lalgudi Taluk, Trichy District. ` ... Appellants
-vs-
1.S.Stalin
_____________ Page 1 of 5_
W.A.(MD) No.1331 of 2024
2.The Inspector of Police, Kallakudi Police Station, Trichy District.
... Respondents
Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 31.10.2023, passed in W.P.(MD)No.24448 of 2023, on the file of this Court.
For Appellants : Mr.S.R.A.Ramachandran Additional Government Pleader
For R1 : Mr.S.M.Mohan Gandhi
J U D G M E N T
[Judgment of the Court was made by P.VELMURUGAN, J.]
This Writ Appeal is filed against the order dated 31.10.2023, passed in W.P. (MD)No.24448 of 2023.
2 . The appellants have challenged the order of the learned Single Judge on
the ground that the first respondent/writ petitioner submitted an application for
the post of Village Assistant in the Villages within the jurisdiction of Lalgudi
Page 2 of 5
W.A.(MD) No.1331 of 2024
Taluk by suppressing material facts and making a misdeclaration. A criminal case was registered against him in Crime No.181 of 2017 for the offences under Sections 294(b), 324 and 506(ii) I.P.C. When the first respondent / writ petitioner had made an application for the post of Village Assistant, he has not disclosed about his involvement or closing of the F.I.R. as ''Mistake of Fact'' in the printed format and that based on the said misdeclaration, the second appellant herein through her proceedings, dated 29.08.2023 rejected the application of the first respondent / writ petitioner.
3 . The first respondent / writ petitioner has challenged the proceedings of the second appellant dated 29.08.2023 by filing W.P.(MD)No.24448 of 2023 before this Court. The learned Single Judge, considering that the F.I.R. had been closed as a 'Mistake of Fact' by the police officials six years prior to the selection process, concluded that the first respondent/writ petitioner had not suppressed any material facts and that there was no misdeclaration in the particulars sought in the printed format. Consequently, the Writ Petition was allowed.
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4
W.A.(MD) No.1331 of 2024
4 . Considering the facts and circumstances of the case, this Court is of the
view that no serious offence was established against the first respondent/writ petitioner, and no case was pending on the date of filing the application and also the petitioner was not a history-sheeter. Therefore, this Court finds no merit in the Writ Appeal. Accordingly, the Writ Appeal fails and is dismissed at the admission stage itself No costs. Consequently, connected Miscellaneous Petition is closed.
NCC : Yes / No [P.V., J.] [K.K.R.K., J.] Index : Yes / No 12.08.2024 Internet : Yes / No smn2
To
The Inspector of Police, Kallakudi Police Station, Trichy District.
Page 4 of 5
W.A.(MD) No.1331 of 2024
P.VELMURUGAN, J. and K.K.RAMAKRISHNAN, J.
smn2
W.A.(MD) No.1331 of 2024 and C.M.P.(MD) No.10438 of 2024
12.08.2024
Page 5 of 5
2 issues framed by the court
Whether there was merit in the writ appeal challenging the order setting aside the rejection of the respondent's application for the post of Village Assistant.
Whether the respondent suppressed material facts regarding a closed criminal case.
The District Collector, Trichy District; The District Revenue Officer, Trichy District; The Tahsildar, Lalgudi Taluk, Trichy District; The Deputy Thasildhar, La
S. Stalin
P. Velmurugan
K. K. Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
