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Madras High CourtWP/27401/2013closed

A.Haroon Basha v. State Of Tamilnadu

2022-01-19Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.27401 of 2013 MP.No. 1 of 2013 A. Haroon Basha ... Petitioner Vs 1.State of Tamilnadu Rep. by its Chief Secretary Fort St. Geroge Chennai - 600009.

2.The Secretary Tamilnadu Public Service Commission Frazer Bridge Road Chennai - 600003.

3.Mr.Rathanasabapathy.

... Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Declaration, declaring that the appointment of the 3rd respondent made in G.O.Ms. No.29, dated 21.02.2011 by the 1st respondent as illegal and consequently quash the same.

For Petitioner :

Mr.Fahamidemen for M/s Sathia Chandran For Respondents :

Mr.M.Rajendiran Additional Government Pleader [R1 ] Mr. Karthik Rajan Standing Counsel [R2 and R3]

O R D E R

This writ petition is filed to declare the appointment of the 3rd respondent in G.O.Ms.No.29 dated 21.02.2011 by the 1st respondent, as illegal and quash the same.

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2. The 3rd respondent was appointed as a member of the Tamil Nadu Public Service Commission in the impugned G.O.Ms.No.29 dated 21.02.2011.

3. The learned counsel appearing on behalf of the 2nd respondent, Tamil Nadu Public Service Commission made a submission that the tenure of office of the 3rd respondent had already been expired and he is not holding the office as the member of the Tamil Nadu Public Service Commission as of now.

4. This being the factum, the cause aroused did not exist as of now and therefore, no further adjudication needs to be undertaken in respect of the grounds raised by the petitioner. If at all, any other grievances exist for the petitioner in respect of the functioning of the 3rd respondent or otherwise, it is left open to the petitioner to redress all such grievances in the manner known to law.

5. With this liberty, the writ petition stands closed. No costs. Consequently, connected Writ Miscellaneous Petition is also closed.

Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar shr/ska To 1.The Chief Secretary, State of Tamilnadu, Fort St. Geroge, Chennai - 600009.

2.The Secretary, Tamilnadu Public Service Commission, Frazer Bridge Road, Chennai - 600003.

+2ccs to M/s.S.Sathiya Chandran, Advocate SR. No.3796 +1cc to Government Pleader SR. No. 3367 (30/05/2022) W.P.No.27401 of 2013 MP.No. 1 of 2013 PMK (CO) PR (07/02/2022) https://hcservices.ecourts.gov.in/hcservices/