High Court of Madras decision regarding appointment of the Respondent to the post of Panchayat Secretary.
Title : G.Mayakannan v. The District Collector
Case no. : W.P. No.2456 of 2021
Decided no. : 30.10.2023.
CORAM : THE HONOURABLE Ms.JUSTICE R.N.MANJULA
Introduction
This Writ Petition has been filed for issuance of Writ of Certiorarified Mandamus to call for the records of the 2 nd Respondent bearing proceedings in Na.Ka.No.jp2/698/2018, dated 28.11.2019 and quash the same and consequently direct the 1 st and 2 nd Respondents to appoint the Petitioner in the post of Village Panchayat Secretary, Jayakondam, Melbhuvanagiri Taluk, Cuddalore District.
Fact of the Case
The Petitioner has filed this Petition challenging the appointment of the third Respondent to the post of Panchayat Secretary. According to him, the third Respondent has secured the employment by forgery and misrepresentation. One of the conditions for appointment is that the candidate should be a local resident and residence certificates has to be submitted in this regard. Heard Mr.P.Suresh Babu, learned counsel for the Petitioner, Mr.G.Nanmaran, learned Special Government Pleader appearing on behalf of Respondents 1 & 2 and Mr.C.Prakasam, learned counsel appearing on behalf of the third Respondent.
Case Analysis and Judgment
The documents filed by the third Respondent are genuine and they are not the products of forgery or misrepresentation. The Petitioner has his own adverse idea about the entitlement of residential status of the petitioner at her parents’ house. With that adversity in mind, this petition has been filed and which in my opinion does not have any merits. A woman would turn out to her parental abode for any good or bad reasons and sometimes she would even prefer to stay there for any period of her choice with an understanding with her parental home inmates. A choice and will of a woman to exercise residential choice at her natal home should not be viewed through patriarchal prism in order to deny her the residential status there.
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Written by Nimisha Sunny
