← Library
Madras High CourtWA/1384/2022disposed of

K.Mahalakshmi, v. The Secretary To Government

2022-05-25Honourable Mr Justice S.M. Subramaniam,Honourable Mr Justice C. Saravanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 25.05.2022

CORAM

THE HONOURABLE Mr.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE Mr.JUSTICE C.SARAVANAN W.A.No.1384 of 2022 K.Mahalakshmi ... Appellant/Petitioner Vs.

1. The Secretary to Government School Education Department Government of Tamil Nadu Fort St.George, Chennai - 600 009

2. The Secretary to Government BC-MBC Welfare Department Government of Tamil Nadu Fort St.George, Chennai - 600 009

3. The Commissioner School Education Department College Road, Chennai - 600 006

4. The Commissioner Kallar Reclamation, BC-MBC Department Chepauk, Chennai - 600 005

5. The Joint Director Kallar Reclamation Department Madurai - 625 001 ... Respondents Writ Appeal filed under Clause 15 of the Letters Patent Act against the order dated 20.04.2022 passed in W.P.No.9284 of 2022 on the file of this Court.

Prayer in WP.No.9284 of 2022:

Writ petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 4th respondent to issue No Objection Certificate(NOC) made through proper channel by the petitioner to participate as per Na.No.81/2021 on 24.12.2021 from unit to unit transfers within a time frame.

For Appellant :

Mr.J.Hari Krishnan For Respondents :

Mr.S.Ravikumar Special Government Pleader

JUDGMENT

(Delivered by S.M.SUBRAMANIAM, J.) This writ appeal has been filed challenging the final order dated 20.04.2022 passed in W.P.No.9284 of 2022 on the file of this Court.

2.

The appellant herein has filed W.P.No.9284 of 2022 seeking the relief to direct the 4th respondent/Commissioner to issue No Objection Certificate (NOC) made through proper channel to participate as per Na.No.81/2021 on 24.12.2021 from unit to unit transfers within a time frame.

3.

The writ Court passed an interim order on 13.04.2022 directing the 4th respondent/Commissioner to pass appropriate orders on or before 18.04.2022 and submit a report before the writ Court. When the writ petition was taken up for final hearing on 20.04.2022, the learned Additional Government Pleader made a submission that the 4th respondent/Commissioner has passed orders on the request made by the writ petitioner/appellant herein and accordingly, the writ petition was dismissed as infructuous.

4.

A perusal of the records reveals that the 4th respondent/Commissioner has already passed an order on 18.04.2022 pursuant to the interim direction issued by the writ Court on 13.04.2022 and the said order dated 18.04.2022 was challenged by the writ petitioner/appellant herein in W.P.No.10112 of 2022, which is sub judice.

5.

In the view of the fact that the appellant had already filed a writ petition challenging the order dated 18.04.2022, this writ appeal becomes unnecessary and the appellant is permitted to raise all the grounds before the writ Court for redressal of her grievances.

With the above observations and directions, this writ appeal stands disposed of. No costs. Connected C.M.P.No.8923 of 2022 is closed.

Sd/- Assistant Registrar(Vacation Officer) //True Copy// Sub Assistant Registrar nsd/gya To

1. The Secretary to Government School Education Department Government of Tamil Nadu Fort St.George, Chennai - 600 009

2. The Secretary to Government BC-MBC Welfare Department Government of Tamil Nadu Fort St.George, Chennai - 600 009

3. The Commissioner School Education Department College Road, Chennai - 600 006

4. The Commissioner Kallar Reclamation, BC-MBC Department Chepauk, Chennai - 600 005

5. The Joint Director Kallar Reclamation Department Madurai - 625 001 +1cc to M/s.J.Hari Krishnan, Advocate, S.R.No.31704 +1cc to the Government Pleader, S.R.No.31799 W.A.No.1384 of 2022 KJ(CO) SU(30/05/2022)