P. Krishnamoorthy v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.08.2021

CORAM

THE HON'BLE MR.JUSTICE M.SUNDAR W.P.NO.30132 OF 2008 AND MP.NO.2 OF 2008 P.Krishnamoorthy ... Petitioner -Vs.-

1. The State of Tamil Nadu rep. by its Special Commissioner-cum-Secretary to Government, Animal Husbandry Dairying and Fisheries Department, Chennai-9.

2. The Director of Veterinary Services, Chennai-6.

... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records connected with the G.O.Ms.No.181, Animal Husbandry, Dairying & Fisheries (AH1) Department, dated 7.11.2007 of the 1st respondent and quash the same in respect of the condition No.5 in para 4(a) and in so far as the petitioner is concerned and direct the respondents to select and depute the petitioner for live stock inspector training for the year 20082009 along with others. For Petitioner : Mr.G.Elanchezhiyan For Respondents : Mr.C.Selvaraj Government Advocate

O R D E R

Mr.G.Elanchezhiyan, learned counsel on record for writ petitioner and Mr.C.Selvaraj, learned State counsel for both the respondents [to be noted both the respondents are official respondents] are before this virtual Court.

2. This virtual Court, with the consent of learned counsel for writ petitioner and learned State counsel took up the main writ petition.

3. Owing to the trajectory the matter has taken and in the light of the fair submission made by learned counsel for writ petitioner, it is not necessary to dilate much on facts. Suffice to say that at the time of filing of writ petition, writ petitioner was serving as Animal Husbandry Assistant and Government Order being G.O.Ms.No.181 dated 07.11.2007 was issued inter alia pertaining to Live Stock Inspector training for the year 2008-2009. In this Government Order, ten years of service after completion of training was made as a requirement vide Serial No.5 in paragraph 4(a) of the Government Order. Writ petition was filed assailing this provision. Rule Nisi was issued, pending writ petition, this Court made an interim order on 22.12.2008 in MP.No.2008.

Pursuant to this interim order, learned counsel for writ petitioner on instructions, submits that writ petitioner was sent for Live Stock Inspector training for the year 2008-2009, he has also thereafter completed his service and retired from service. In effect, purpose of writ petition has been served and nothing really survives for pursuing the matter any further is learned counsel's say.

4. This Court therefore deems it appropriate to record the stated position of learned counsel for writ petitioner and dispose of the writ petition as closed.

5. Captioned writ petition is disposed of as closed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition being MP.No.2 of 2008 is also closed as having become infructuous.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar kmi To

1. The Special Commissioner-cum-Secretary to Government, State of Tamil Nadu, Animal Husbandry Dairying and Fisheries Department, Chennai-9.

2. The Director of Veterinary Services, Chennai-6.

+1cc to Mr.G.Elanchezhiyan, Advocate, S.R.No.38355 +1cc to the Government Pleader, S.R.No.38474 W.P.NO.30132 OF 2008 AND M.P.NO.2 OF 2008 SJ(CO) PBS/26/08/2021