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Madras High CourtWP/12876/2008dismissed as infructuous

A.Marudhachalam v. The State Of Tamil Nadu

2021-07-15Honourable Mr Justice M. Govindaraj3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.07.2021

CORAM

THE HONOURABLE MR. JUSTICE M.GOVINDARAJ W.P.No.12876 of 2008 and M.P.No.2 of 2008, M.P.No.1 of 2009

1. A.Marudhachalam

2. K.Pandiarajan

3. E.Selvaraj

4. M.Balakrishnan

5. J.Kalaiselvan

6. S.Jeyapaul

7. M.Krishnan

8. N.Govindasamy

9. M.Rajamani 10.M.Raman 11.V.Chandrasekar 12.C.R.Rajendran 13.B.Bheemaraj 14.P.Rajendran 15.V.Kandasamy 16.G.Harikrishnan 17.K.Rajendran 18.S.Thambusamy 19.Y.Chandrasekaran 20.X.Devasi 21.A.Stanilaus 22.K.Subramanian 23.P.Kandasamy 24.P.N.Avinashi Lingam 25.K.Balasubramanian 26.B.Gopalan ... Petitioners Vs.

1. The State of Tamilnadu Rep. by The Secretary to Government, Personnel and Administrative Reforms Department, Fort St.George, Chennai - 600 009.

2. The State of Tamilnadu Rep. by The Secretary to Government, Home (Prisons) Department, Fort St.George, Chennai - 600 009.

3. The Additional Director of Prisons, Egmore, Chennai - 600 008.

4. The Deputy Inspector General of Prisons-cum- The Superintendent (In-charge), Central Prisons, Coimbatore.

... Respondents PRAYER: The Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the order passed by the Deputy Inspector General of Prisons-cumthe Superintendent (In-charge), Central Prison, Coimbatore, the fourth respondent herein vide his proceedings No.15200/Po.1/06, dated 02.04.2008 and quash the same as illegal, arbitrary, unreasonable being violative of rules and principles of natural justice and thereby direct the fourth respondent herein to confirm the scale of pay fixed by the Superintendent, Central Prison, Coimbatore vide his order dated 31.01.2008. For Petitioners : Mr.C.D.Johnson For Respondents : Mr.C.Selvaraj Government Advocate (Civil) - - - - -

O R D E R

The respondents have ordered recovery for excess salary paid to the petitioner by its order dated 02.04.2008.

2. After filing of the Writ Petition, the respondents have disbursed the recovered amount and dropped the action.

3. The learned Government Advocate would submit that the prayer sought for in this Writ Petition has already been satisfied and nothing survives for adjudication.

4. The learned counsel for the petitioner would also submit that the matter has become infructuous and hence, the same may be dismissed.

5. Recording the submission made by the learned counsel appearing on either side, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. Consequently, the connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar asi To

1. The Secretary to Government, Personnel and Administrative Reforms Department, Fort St.George, Chennai - 600 009.

2. The Secretary to Government, Home (Prisons) Department, Fort St.George, Chennai - 600 009.

3. The Additional Director of Prisons, Egmore, Chennai - 600 008.

4. The Deputy Inspector General of Prisons-cum- The Superintendent (In-charge), Central Prisons, Coimbatore. +1CC to M/s.Government Pleader, Sr.No.33944 W.P.No.12876 of 2008, M.P.No.2 of 2008 and M.P.No.1 of 2009 SSN (CO) K.RK. (06.08.2021)