M.Muthu v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.M.Muthu 2.Lakshmi .. Petitioners Vs.

1.The State of Tamilnadu rep.by Secretary, Agriculture Department, Fort St.George, Chennai - 600 009.

2.The Commissioner of Agriculture, 3.The Director of Agriculture, 4.The Joint Director, Agriculture Department, Salem.

5.The Assistant Director, Government Seed Form, Mettur Dam, Salem District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing respondents to extend all the benefits including pension in the light of the order passed in W.P.No.12658 of 2010 dated 13.09.2010 within a stipulated time. 1/6

For petitioners :

Mr.N.Naganathan For Respondents :

Mr.M.Bindran Additional Government Pleader

O R D E R

This writ petition has been filed for the issue of Writ of Mandamus directing the respondents to extend all the benefits including pension in the light of the order passed in W.P.No.12658 of 2010 dated 13.09.2010. 2.When the matter came up for hearing on 07.08.2024, this Court passed the following order:

"A counter affidavit has been filed. It is seen from records that atleast on two earlier occasions orders were passed by this Court in W.P.No.12658 of 2010 dated 13.09.2010 and in W.P.No.1771 of 2014, dated 28.01.2024. The entire counter affidavit is silent regarding the follow up after the above orders were passed by this Court. This Court wants to ascertain as to whether any orders were passed by the respondents pursuant to the directions given by this Court.

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2.The learned Government Advocate seeks for sometime to take instructions in this case. Post this writ petition on 16.08.2024"

3.When the matter was taken up for hearing, the learned Additional Government Pleader appearing on behalf of the respondents submitted that in so far as the direction that was given in W.P.No.12658 of 2010 is concerned, it was acted upon and through communication dated 14.03.2014, the petitioners were informed that they are not entitled for any pension.

4.In so far as the direction that was passed in W.P.No.1771 of 2014, the Joint Director of Agricultural Department through letter dated 07.04.2014 has informed the petitioners that they are not entitled for the relief sought for by them.

5.A copy of the same was also furnished to the learned counsel for the petitioner.

6.In the light of the above development, the petitioners cannot 3/6

prosecute this writ petition with the relief sought for in this writ petition. Already the claim made by the petitioners has been rejected atleast by two communications made by the Joint Director of Agricultural Department. Hence, the petitioners will have to work out their remedy in the manner known to law, if so advised.

7.Accordingly, this Writ Petition stands closed. No costs. 16.08.2024 (2/2) krk Index : Yes / No Internet : Yes / No : Yes / No To 1.The State of Tamilnadu rep.by Secretary, Agriculture Department, Fort St.George, Chennai - 600 009.

2.The Commissioner of Agriculture, 4/6

3.The Director of Agriculture, 4.The Joint Director, Agriculture Department, Salem.

5.The Assistant Director, Government Seed Form, Mettur Dam, Salem District.

N.ANAND VENKATESH, J.

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