1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2011 C O R A M THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No. 12933 of 2011 and M.P.(MD) No. 1 of 2011 A.Palanichamy ... Petitioner Vs. 1.The Director of Town Panchayat, Chennai. 2.The Assistant Director (Sanitary), Town Panchayat, Dindigul Division, Dindigul. 3.The Executive Officer, Special Grade Town Panchayat, Oddanchatram,Dindigul District. 4.T.Kamaraj ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to direct the respondents to call for the records relating to the Na.Ka.No.205/2010/TA dated 9.7.2010 particularly the appointment of Kamaraj and quash the same and consequently direct the respondents to appoint the petitioner as a Sanitary Supervisor in Ottanchatram Special Grade Town Panchayat. For Petitioner : Mr.P.Muthusamy For R1 and R2 : Mr.T.R.Janarthanan Additional Government Pleader For R3 : Mr.S.Kumar O R D E R The petitioner A.Palanichamy has come to this Court challenging the correctness of the order passed by the respondent in Na.Ka.No. 205/2010/TA, dated 9.7.2010 in and by which, the respondents have regularized the services of the fourth respondent T.Kamaraj in the post of Sanitary Supervisor in the Special Grade Town Panchayat, Ottanchatram, Dindigul District. 2. The case of the petitioner is that the petitioner A.Palanichamy was informed by the call letter dated 24.7.2007 to attend for interview scheduled on 26.7.2007 in the Office of Ottanchatram Panchayat Union for selection to the post of Sanitary Supervisor. Accordingly, when the petitioner appeared on receipt of the said call letter, he was issued with only an order of appointment dated 24.7.2007 appointing him to the post of Sanitary Assistant, accepting the same, the petitioner was also continuously working as Sanitary Assistant. In the meanwhile, in the year 2008, the very same respondent has appointed the fourth respondent T.Kamaraj as Sanitary Supervisor on 22th January 2008. After the said appointment, the services of the fourth respondent T.Kamaraj in the office of Sanitary Supervisor was also regularized with effect from 21.1.2009 by keeping him on probation till 22.1.2010, hence, the learned counsel for the petitioner submits that after the issuance of the order https://hcservices.ecourts.gov.in/hcservices/ 2 dated 9.7.2011 regularizing the service of the fourth respondent, the petitioner came to notice the said order regularizing him to the post of Sanitary Supervisor. As a result, he has come to this Court. 3. Mr.Tr.Janarthanan, learned Additional Government Pleader takes notice for the respondents 1 and 2 and Mr.S.Kumar, learned counsel takes notice for the third respondent. 4.Admittedly, the petitioner was appointed on 7.8.2007 as Sanitary Assistant. While the third respondent issued the Notification on 24.7.2007 for the post of Sanitary Supervisor, the petitioner also participated in the interview held on 26.7.2007 at 11 am in the Office of the third respondent namely, Special Grade Town Panchayat Oddanchatram, Dindigul District, however, he was found selected for the post of Sanitary Assistant and after issuing the said order, the petitioner accepted the order of appointment to the post of Sanitary Assistant and he also took charge by joining the said post from 7.8.2007 onwards. 5. The matter stands as above, subsequently, another notification was issued for the post of Sanitary Supervisor and Sanitary Assistant seeking for suitable candidate for the post of sanitary supervisor. In the said process, the fourth respondent was appointed as Sanitary Supervisor on 22.1.2008. After appointment of the fourth respondent, his services in the post of Sanitary Supervisor was also regularized with effect from 22.1.2009 and later on, he was placed on probation and he has completed probation on 22.1.2011. The said order dated 9.7.2010 also shows that the fourth respondent has to complete the probation on 22.1.2010. Only thereafter, the petitioner has come to this Court to challenge the order of regularization leaving the original order dated 22.1.2008 appointing the fourth respondent for the post of Sanitary Supervisor. When the petitioner has all along raised no objection for appointing the fourth respondent in the post of Sanitary Supervisor, it is not open for the petitioner to challenge the order of regularization dated 9.7.2010 that too with the delay of more than four years since 22.1.2008. In that view of the matter, this Court finds no merit in the Writ Petition. Accordingly, the same is dismissed. No costs. Consequently, connected M.P. is also closed. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar(CS) To, 1.The Director of Town Panchayat,Chennai. 2.The Assistant Director (Sanitary), Town Panchayat,Dindigul Division, Dindigul. 3.The Executive Officer, Special Grade Town Panchayat,Oddanchatram,Dindigul District. +1cc to Special Government Pleader, SR.No.39647 +1cc to Mr.P.Muthusamy, Advocate, Sr.No.39727 ses : GH : 02.12.2011 : 2p/6c W.P.(MD)No. 12933 of 2011 14.11.2011 https://hcservices.ecourts.gov.in/hcservices/