The Commissioner v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.06.2024 CORAM :

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR AND THE HON'BLE MR.JUSTICE K.KUMARESH BABU

1. The Commissioner Greater Chennai Corporation Rippon Buildings, Chennai - 600 003.

2. The Superintending Engineer Solid Waste Management Greater Cennai Corporation Rippon Buildings Chennai - 600 003.

.. Appellants Vs

1. The Secretary to Government Municipal Administration and Water Supply Department Fort St.George, Chennai - 600 009.

2. Uzhaippor Urimai Iyakkam Rep by its President, K.Bharathi 23A, Mariamman Kovil Street Kalyanapuram, Ambattur Chennai - 600 053.

.. Respondents

Prayer: Appeal under Clause 15 of the Letters Patent to set aside the order dated 7.1.2022 passed by the learned Single Judge in W.P.No.8281 of 2021.

For the Appellants : Ms.P.T.Ramadevi For the Respondents : Mr.V.Manoharan Addl. Government Pleader for 1st respondent : Mr.S.Kumarasamy for 2nd respondent

JUDGMENT

(Delivered by D.KRISHNAKUMAR,J.) Heard Ms.P.T.Ramadevi, learned counsel for the appellants; Mr.V.Manoharan, learned Additional Government Pleader appearing on behalf of the first respondent; and Mr.S.Kumarasamy, learned counsel for the second respondent.

2. Assailing the order dated 7.1.2022 passed by the learned Single Judge, respondents 1 and 2 in the writ petition have filed this writ appeal. The second respondent herein has filed the writ

petition.

3. When the matter was taken up for hearing today, Mr.S.Kumarasamy, learned counsel appearing on behalf of the original writ petitioner/second respondent herein, submitted that the original writ petitioner/second respondent herein may be permitted to withdraw the writ petition itself.

4. Learned counsel for the appellants has no serious objection to the aforesaid request made by learned counsel for the second respondent to withdraw the writ petition. He further submitted that vide G.O.(2D) No.36, Labour Welfare and Skill Development (J1) Department, dated 16.6.2023, the government had revised the minimum rates of wages for the employment under the local authority and the second respondent had already filed W.P.No.26344 of 2023 challenging the said Government Order and a learned Single Judge of this Court, vide order dated 11.9.2023, granted an order of interim stay. As the original writ petitioner/second respondent herein is assailing the subsequent

government order dated 16.6.2023, it may be clarified that the directions given and/or observations made by the learned Single Judge in the order impugned in this appeal will not have any bearing on the the rights of any of the parties.

5. Acceding to the request made by learned counsel for the original writ petitioner/second respondent herein, the writ petition is dismissed as withdrawn.

6. In view of the withdrawal of the writ petition, the order of the writ court is set aside and, consequently, the writ appeal is allowed with liberty to the second respondent to seek its remedy before the appropriate forum. There shall be no order as to costs. Consequently, C.M.P.No.8840 and 10076 of 2022 are closed. (D.K.K., J.) (K.B., J.) 18.06.2024 Index :

Yes/No NC :

Yes/No sasi

To:

The Secretary to Government Municipal Administration and Water Supply Department Fort St.George, Chennai - 600 009.

D.KRISHNAKUMAR,J.

AND K.KUMARESH BABU,J.

(sasi) 18.06.2024