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2013 Supreme(Mad) 931

VINOD K.SHARMA
Muniappan – Appellant
Versus
District Collector – Respondent


Advocate Appeared:
For the Petitioner:V. Bharathidasan, Advocate.
For the Respondents:R1, R. Ravichandran, AGP, R2, P.S. Jayakumar, R3, S. Parthasarathy, Advocates.

JUDGMENT

1. The petitioner has approached this Court with a prayer for issuance of a Writ in the nature of Mandamus, directing the respondents nos.1 and 2 to appoint the petitioner as Sweeper with the 2nd respondent.

2. Though the writ as framed is not competent, as this Court can only direct the respondent to consider the claim of the eligible persons and cannot issue direction for appointment of any individual. However, in this case, after issuance of notice of motion, it was pointed out that the third respondent was selected as "Sweeper cum Sanitary Worker".

3. In view of the stand taken by the learned counsel for the second respondent, this Court, on 23.2.2011 passed the following order:

"It is stated by the learned counsel for the second respondent that one Mr. N. Sivakumar has been appointed as Sweeper in second respondent Town Panchayat on 2.3.2009. In view of that he is a necessary party and without his presence, the matter cannot be decided. Therefore, this court suo motu impleads the said person as third respondent in this case. Learned Counsel for the petitioner is permitted to take notice on the newly impleaded party returnable by 14.3.2011. Private notice is also perm













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