S. Liakathalikhan v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.08.2021

CORAM

THE HON'BLE MR.JUSTICE M.SUNDAR W.P.NOS.29556 & 29557 OF 2008 AND MP.NOS.2 & 2 OF 2008 S.Liakathali Khan ... Petitioner in W.P.29556/2008 L.Ramesh ... Petitioner in W.P.29557/2008 .Vs.

1. State of Tamil Nadu, Rep.By its Secretary to Government Highways Department, Fort St. George, Chennai-600 009.

2. The Chief Engineer (General), Highways Department, Chepauk, Chennai - 600 005.

3. S.Rajadinakar

4. S.K.Magarajothi Prasad

5. S.Srinivasan

6. J.Srihari

7. M.Subbaiah

8. R.Vallattarasu

9. H.Sankarasubramanian

10. K.Kaliaperumal

11. K.Parthasarathy

12. K.Kalyanasundaram

13. G.Basheer Ahmedkhan ... Respondents in both writ petitions Prayer in both Writ Petitions:- Writ Petitions filed under Article 226 of the Constitution of India praying to issue Writ of Certiorarified Mandamus, calling for the entire records, leading to the issue of

proceedings bearing Order No.43021/No.3(4)/2008-1 dated 29.11.2008 on the file of the 2nd respondent Chief Engineer (General), Highways Department and quash the same and direct the respondents 1 and 2 to consider the name of the petitioners for the promotion to the post of Junior Engineer for the panel year 2007-2008 and promote the petitioner and place him above Thiru.J.Srihari, 6th respondent herein.

For Petitioner In both writ petitions : Mr.K.Sridhar of M/s.K.Sridhar Associates For Respondents In both writ petitions : Mr.C.Selvaraj Government Advocate For R1 & R2 R3, R4, R8, R9 & R13 Disd. vide Court Order dated 24.02.2011 R5, R6, R7, R10, R11 & R12 - No Appearance C O M M O N O R D E R Mr.K.Sridhar, learned counsel of M/s.K.Sridhar Associates (Law Firm) for writ petitioners in the captioned two writ petitions is before this virtual Court.

2. Mr.C.Selvaraj, learned State counsel is before this virtual Court on behalf of official respondents in the two writ petitions.

3. Learned counsel for petitioners submits that writ petitions pertain to promotion and have since become infructuous. Elaborating on this, learned counsel submitted that writ petitioner in WP.No.29556 of 2008 [S.Liakathali Khan] has since completed his service and retired. Writ petitioner in WP.No.29557 of 2008 [L.Ramesh] is no more and he is an unfortunate victim of Covid-19 is learned counsel's say. Learned counsel also submits that two posts that were kept vacant were directed to be considered and thereafter, above developments unfurled. However, this is only for completion of facts as the bottom line is captioned writ petitions have since become infructuous.

4. In the light of narrative thus far, captioned writ petitions are disposed of as closed (having become infructuous) making it clear that this Court has not expressed any opinion or

view on the merits of the matter and the rights of the parties, if any which survive, will stand preserved. There shall be no order as to costs. Consequently, connected miscellaneous petitions are also closed as having become infructuous. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar kmi To 1.

The Secretary to Government State of Tamil Nadu, Highways Department, Fort St. George, Chennai - 600 009.

2.

The Chief Engineer (General), Highways Department, Chepauk, Chennai - 600 005.

+1cc to the Government Pleader, S.R.No.38047 W.P.NOS.29556 & 29557 OF 2008 AND MP.NOS.2 & 2 OF 2008 SVI(CO) PBS/25/08/2021