Aa.Avenkitachalam v. The State Of T.N. Rep. By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.06.2023 CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.37302 of 2004 and W.P.M.P.No.44760 of 2004 A.Venkitachalam ... Petitioner Vs.
1.The State of Tamil Nadu, Rep. by its Commissioner and Secretary, Highways Department, Fort.St.George, Chennai - 600 009.
2.The chief Engineer (General), Highways Department, Chepauk, Chennai - 600 005.
3.N.Sengodan 4.K.Shanmugasundaram 5.M.R.Sivamurthy 6.J.K.Paulraj 7.K.Srinivasan 8.N.Subramaniam 9.K.Suriyapragasam 10.D.Relton Chandrakumar Page No.1 of 6
11.R.Kandasamy 12.R.Lakshmanan 13.R.Kannan 14.R.Subramanian 15.S.Kannappan ... Respondents Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Certiorarified Mandamus calling for the records relating to the G.O.(Ms)No.265 Highways (HK2) Department dated 24.09.2004 issued by the Secretary to Government, High-ways Department the first respondent herein and the proceedings of the Chief Engineer (General) Highways Department, Chennai-5 made in Proceedings No.14887/Admn.3 (4) 2000 dated 30.09.2004, the second respondent herein and quash the same and consequently direct the respondents 1 and 2 herein not to include or consider the respondents 3 to 15 herein (Sl.No.102 to 114) temporarily appointed Assistant Engineers contrary to the Special Rules of the Tamil Nadu Highways Engineering Service Rules in the Seniority list of Assistant Engineers fit for promotion for the next higher post of Asst.Divisional Engineer pursuant to the seniority list published by the first respondent as on 01.01.2004.
For Petitioners :
Mr.A.Thirumurthy For Respondents 1 to 2 :
Mr.S.Ravikumar, Special Government Pleader Page No.2 of 6
For Respondents 3 to 4 :
No Appearance For Respondents 5 to 15 :
Steps due
O R D E R
The relief sought by the petitioner in this writ petition is to call for the records relating to the G.O.(Ms)No.265 Highways (HK2) Department dated 24.09.2004 issued by the Secretary to Government, High-ways Department the first respondent herein and the proceedings of the Chief Engineer (General) Highways Department, Chennai-5 made in Proceedings No.14887/Admn.3 (4) 2000 dated 30.09.2004, the second respondent herein and quash the same and consequently direct the respondents 1 and 2 herein not to include or consider the respondents 3 to 15 herein (Sl.No.102 to 114) temporarily appointed Assistant Engineers contrary to the Special Rules of the Tamil Nadu Highways Engineering Service Rules in the Seniority list of Assistant Engineers fit for promotion for the next higher post of Asst.Divisional Engineer pursuant to the seniority list published by the first respondent as on 01.01.2004.
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2. Today, when the matter was taken up for hearing, learned counsel appearing for the petitioner submitted that the matter has become infructuous and nothing survives in this writ petition for further adjudication. He also made an endorsement to that effect in the case bundle.
3. In view of the above submission coupled with an endorsement made by the learned counsel for the petitioner, this Writ Petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.
07.06.2023 vm Index :
Yes/No Speaking Order :
Yes/No To:
1.The Commissioner and Secretary, Highways Department, Fort.St.George, Chennai - 600 009.
2.The chief Engineer (General), Highways Department, Chepauk, Chennai - 600 005.
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J.SATHYA NARAYANA PRASAD,J.
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