R.Mutharasan v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.01.2023

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU And W.P.M.P.Nos.37773 and 37774 of 2005 R.Mutharasan ... Petitioner Vs.

1.The State of Tamil Nadu rep. by Secretary to Government, Revenue Department, Fort St.George, Chennai - 600 009.

2.The Member Secretary (Director of Land Reforms) Tamil Nadu Agricultural Labour Welfare Board, Chepauk, Chennai - 600 005.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records from the first respondent relating to the impugned G.O.Ms.No.561 Revenue (L.R.I) dated 03.10.2005 and quash the said G.O. dated 03.10.2005 and direct the first respondent to reconstitute the Tamil Nadu 1/4

Agricultural Labourers Welfare Board under the Tamil Nadu Agricultural Labourers Social Security and Welfare Scheme, 2001. For Petitioner : Mr.M.Elumalai for M/s.S.Ayyathurai For Respondents : Mr.Silambanan Additional Advocate General Assisted By Mrs.S.Mythreye Chandru Special Government Pleader

O R D E R

On 25.01.2023, when the matter was taken up for hearing, there was no representation for the petitioner. Hence on 25.01.2023, the writ petition was directed to be listed under the caption 'for dismissal' on 30.01.2023. Today, even though the matter is listed under the caption 'for dismissal', the learned counsel appearing for the petitioner seeks short accommodation.

2.The writ petition has been filed seeking to quash G.O.Ms.No.561 Revenue (L.R.I) dated 03.10.2005 and to direct the first respondent to reconstitute the Tamil Nadu Agricultural Labourers Welfare Board under the Tamil Nadu Agricultural Labourers Social Security and Welfare Scheme, 2001.

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3.The first respondent has filed a counter affidavit, wherein, it is stated that since the Government have already ordered for the introduction and implementation of a new scheme in lieu of the erstwhile Tamil Nadu Chief Minister's Farmers Security Scheme and the orders for formation of the Tamil Nadu Agricultural Labourers Welfare Board was also issued in G.O.Ms.No.42, Revenue, dated 18.01.2007 the question of quashing the impugned order will not arise as it has no force in the present circumstances, since the above said scheme had already been superseded as per G.O(Ms) No.509, Revenue Department, dated 07.08.2006.

4.In view of the counter affidavit filed by the first respondent, the relief sought for in this writ petition has become infructuous. Hence, this writ petition is dismissed as infructuous. No costs.

Consequently, connected miscellaneous petitions are closed. 30.01.2023 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No 3/4

J.NISHA BANU,J.

pri To 1.The Secretary to Government, Revenue Department, Fort St.George, Chennai - 600 009.

2.The Member Secretary (Director of Land Reforms) Tamil Nadu Agricultural Labour Welfare Board, Chepauk, Chennai - 600 005.

And W.P.M.P.Nos.37773 and 37774 of 2005 30.01.2023 4/4