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Madras High CourtWP/40805/2005disposed of

S.Sivasankaran v. The Block Development Officer

2021-03-02Honourable Mr Justice R. Suresh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.03.2021

CORAM

THE HONOURABLE MR.JUSTICE R. SURESH KUMAR W.P. No. 40805 of 2005 and W.M.P. No. 43785 of 2005 S.Sivasankaran ... Petitioner -vs1. The Block Development Officer, Thirunavaloor Panchayat Union, Villupuram District.

2. The President, Thirunavaloor Panchayat, Villupuram District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorari calling for the records pertaining to the impugned order passed by the first respondent in his proceedings No.Na.Ka.Aa.2/959/04 dated 25.11.2004 and quash the same. For Petitioner :Mr.S.Saravanakumar For Respondents :Mr.K.Magesh Special Government Pleader

O R D E R

The prayer sought for herein is for a Writ of Certiorari calling for the records pertaining to the impugned order passed by the first respondent in his proceedings No.Na.Ka.Aa.2/959/04 dated 25.11.2004 and quash the same.

2. By the impugned order, the petitioner was permitted to be retired as per the age of the petitioner as found by the respondents, however, the said order since is under challenge in this Writ Petition, now in all these years, the Writ Petition has been pending before this Court, it is submitted by the learned counsel appearing for the petitioner as well as the learned Special Government Pleader appearing for the respondents that, continuously, the petitioner was permitted to work till 31.01.2019 and only on that day, he retired. Therefore, the age as claimed by the petitioner deemed to have been accepted by the respondents, by thus, he was retired from work on 31.01.2019. https://hcservices.ecourts.gov.in/hcservices/

Till such time, all the salary and pay benefits also has been calculated and paid to the petitioner. Therefore, nothing survives in this Writ Petition, they submitted.

3. By recording the said submissions made by the learned counsel appearing for the parties, this Court is inclined to dispose of the Writ Petition as no further orders are required to be passed in this Writ Petition.

4. Accordingly, this Writ Petition is disposed of. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

5. It is made clear that, still if any service or attendant benefits are due, it is for the petitioner to agitate the same to the respondents and accordingly, if any such plea comes from the petitioner, the same can be decided by the respondents in accordance with law.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar vji To

1. The Block Development Officer, Thirunavaloor Panchayat Union, Villupuram District.

2. The President, Thirunavaloor Panchayat, Villupuram District.

+1 CC to Mr.K.Magesh, Advocate sr 12824.

W.P. No. 40805 of 2005 and W.M.P. No. 43785 of 2005 PMK(CO) SP(17/03/2021) https://hcservices.ecourts.gov.in/hcservices/