Sankareswari, W/O.Velusamy Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

Sankareswari, W/O.Velusamy Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

None; the Writ Petition was dismissed with no order as to costs, and the connected Miscellaneous Petitions were closed.

Issue for consideration

Whether the selection and appointment of the 4th respondent as Anganwadi Worker adhered to the criteria in G.O.Ms.No.110 dated 14.05.2012, in particular the distance criteria specified in the Government Order. +1 more

Court's answer

Based on the facts presented, the Court found no grounds to intervene in the appointment of the 4th respondent as Anganwadi Worker.

Ratio / Principle

The Court held that the ration card of the 4th respondent (Proceeding No.3583 of 2014, dated 11.10.2014) and her voter ID show the Thiruvettanallur address; the Tenkasi address reflects her parents' residence before her marriage; therefore, as on the application date of August 28, 2017, the 4th respondent was residing in Thiruvettanallur and was qualified to apply.

Key takeaways

Despite the petitioner's allegation that the 4th respondent secured the appointment through undue influence, the petitioner failed to prove that the address provided by the 4th respondent is not true.ratio¶32

Detailed headnote1 paragraphs

MADRAS HIGH COURT (Madurai Bench), single judge (Dr. Justice A.D. Maria Clete), 29.01.2025 — Writ petition under Article 226 seeking certiorarified mandamus to quash the District Collector's order in SE.MU.NA.KA.No.767/A1/2017-3 dated 20.09.2017 appointing the 4th respondent as Anganwadi Worker in Thiruvettanallur Anganwadi Centre No.II, allegedly in violation of G.O.Ms.No.110 dated 14.05.2012 (distance criteria). A selection board had interviewed five candidates and selected the 4th respondent; an initial misprint of her name as 'Rajeswari' instead of 'Rameswari' was corrected. On the Court's direction dated 20.12.2024 the Government Pleader produced her ration card (Proceeding No.3583 of 2014, dated 11.10.2014) showing the address 3/68, South Street, Thiruvettanallur, matching her voter ID; the nativity and income certificates on record also indicated the Thiruvettanallur address, while the Tenkasi address reflected her parents' pre-marriage residence. The application was made on August 28, 2017, when the 4th respondent was residing at Thiruvettanallur and was qualified to apply. The petitioner failed to prove the address untrue or any undue influence; the Court found no grounds to intervene and dismissed the writ petition with no order as to costs, closing the connected miscellaneous petitions.

W.P.(MD)No.21179 of 2017

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

RESERVED ON : 27.01.2025

DELIVERED ON : 29.01.2025

CORAM:

THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.P.(MD)No.21179 of 2017

and

W.M.P(MD)Nos.17446 & 17447 of 2017

Sankareswari, W/o.Velusamy, Door No.3/323,

Karpaga Nachiammal Kovil Street, Thiruvettanallur, Thirunelveli District. ... Petitioner

Vs.

1.The District Collector, Collectorate Office, Tirunelveli District.

2.The District Planning Officer, District Planning Office, Collectorate, Tirunelveli District.

3.The Child Development and Planning Officer, Sankarankovil Block, Tirunelveli District.

4.Rameswari @ Rajeswari, D/o, Duraipandian, 92/93/1, Sakthi Vinayagar Kovil Street, Punnaiyapuram Post, Tenkasi, Tirunelveli District. ... Respondents

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W.P.(MD)No.21179 of 2017

Prayer in W.P(MD)No.21179 of 2017 : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for records pertaining to the impugned order of the 1^st respondent in SE.MU.NA.KA.No.767/A1/2017-3, dated 20.09.2017 and quash the same and consequently directing respondents to appoint the petitioner for the post of Anganwadi Worker in Thiruvettanallur Anganwadi Centre No.II (33623150327) and pass such further or other orders as this Court may deem fit and proper for the circumstances of the case.

Prayer in W.M.P(MD)No.17446 of 2017 : Writ Miscellaneous Petition filed under Article 226 of the Constitution of India, praying this Court to dispense with the production of original impugned order passed by the 1^st respondent in SE.MU.NA.KA.No.767/A1/2017-3, dated 20.09.2017.

Prayer in W.M.P(MD)No.17447 of 2017 : Writ Miscellaneous Petition filed under Article 226 of the Constitution of India, praying this Court to grant an order of interim injunction restraining the respondents from appointing the 4^th respondent to the post of Anganwadi Worker in Thiruvettanallur Anganwadi Centre No.II (33623150327) till the disposal of this writ petition.

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W.P.(MD)No.21179 of 2017

ORDER

Heard both sides.

The petitioner challenges the appointment of the 4^th respondent as Anganwadi Worker in Thiruvettanallur Anganwadi Centre No.II by 1^st respondent by his order in SE.MU.NA.KA.No.767/A1/2017-3, dated 20.09.2017. The petitioner stated in her affidavit that the appointment was made in violation of G.O.Ms.No.110 dated 14.05.2012. Conversely, the respondent side contended that the appointment adhered to the said Government Order.

It was further stated by the respondents that out of five candidates interviewed by the selection board–comprising representatives from various departments selected - the 4^th respondent was selected, and accordingly, orders were issued. Initially, the 4^th respondent’s name was mistakenly typed as “Rajeswari” instead of “Rameswari”, but the error was subsequently corrected.

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W.P.(MD)No.21179 of 2017

The primary contention of the petitioner is that the selection process did not follow the distance criteria specified in the Government Order. However, the counter affidavit filed by the 3^rd respondent stated that the address furnished by the 4^th respondent in her application, 3/252 B, Kaniyan Koil Street, Thiruvettinallur is located within one-kilometre from the Anganwadi Centre. In the petition, 4^th respondent's address is given differently at Tenkasi address and the 4^th respondent is a permanent resident of Kadayanallur Taluk which is far away from the Thiruvettanallur Anganwadi Centre. Despite alleging that the 4^th respondent secured the appointment through undue influence, the petitioner failed to prove that the address provided by the 4^th respondent is not true.

In this context, by an order dated 20.12.2024, this Court directed the Government Pleader to produce the family card of the 4^th respondent. Accordingly, an additional typeset included a copy of the ration card for the 4^th respondent. The respondent's name appears on the ration card as per proceeding No.3583 of 2014, dated 11.10.2014, and her residential address is listed as 3/68, South Street, Thiruvettanallur, Tirunelveli District. Her name was likely added to the ration card following her

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marriage. The same address is also noted in her voter ID. The petitioner has submitted a nativity certificate and an income certificate, all of which also indicate the Thiruvettanallur address. The Tenkasi Taluk address for the 4^th respondent provided by the petitioner in the application likely reflects the residential address of the 4^th respondent's parents before her marriage. The application for the position was submitted on August 28, 2017. As of that date, the 4^th respondent was residing in Thiruvettanallur and was therefore qualified to apply.

Based on the facts presented, the Court finds no grounds to intervene in the appointment of the 4^th respondent. Consequently, the Writ Petition is dismissed, with no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

29.01.2025

NCC : Yes / No Index : Yes / No Internet : Yes/ No

gbg

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W.P.(MD)No.21179 of 2017

To

1.The District Collector, Collectorate Office, Tirunelveli District.

2.The District Planning Officer, District Planning Office, Collectorate, Tirunelveli District.

3.The Child Development and Planning Officer, Sankarankovil Block, Tirunelveli District.

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W.P.(MD)No.21179 of 2017

DR.A.D.MARIA CLETE, J. gbg

W.P.(MD)No.21179 of 2017

29.01.2025

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