The Secretary To Government v. A. Murali

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.04.2025 CORAM :

THE HONOURABLE MR.JUSTICE R. SURESH KUMAR AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

1. The Secretary to Government Municipal Administration & Water Supply Department Government of Tamil Nadu Fort St. George, Chennai - 600 009.

2. The Director of Town Panchayat Kuralagam, 4th Floor, Chennai - 600 108.

3. The District Collector Erode District, Erode.

..

Appellants Vs.

1. A.Murali

2. The Executive Officer Modakurichi Town Panchayat Erode District - 638 104.

..

Respondents Prayer: Appeal filed under Clause 15 of the Letters Patent, against the order made in W.P.No.9299 of 2020 dated 15.03.2022. For the Appellants :

Mr.R.Neelakandan Additional Advocate General assisted by Mr.M.Murali Government Advocate For the Respondents :

Mr.M.Guruprasad for R1 Mr.C.Selvaraj Additional Government Pleader for R2

JUDGMENT

(Judgment of the Court was authored by R.SURESH KUMAR, J.) This intra-Court appeal has been filed by the Secretary to the Government, Municipal Administration and Water Supply Department, Government of Tamil Nadu; the Director of Town Panchayat, Government of Tamil Nadu and the District Collector, Erode District, against the order passed by the Writ Court dated 15.03.2022 made in W.P.No.9299 of 2020.

2. When this appeal is taken up for hearing, Mr.R.Neelakandan, learned Additional Advocate General appearing for the appellants has brought to our notice that the very same impugned order dated 15.03.2022 has already been questioned in W.A.No.2748 of 2023 by the Executive Officer, Modakurichi Town Panchayat, who stood as the fourth respondent in the writ petition and the said writ appeal W.A.No.2748 of 2023, having been clubbed along with some other writ appeals of similar cases, were disposed by the common order passed by the Coordinate Bench of this Court dated 08.08.2024, whereby, all those writ appeals were allowed, including W.A.No.2748 of 2023, by thus, the impugned order has already been set aside.

3. This position has not been controverted by the learned counsel appearing for the first respondent/writ petitioner.

4. In view of the aforesaid, since the impugned order has already been set aside by the common order dated 08.08.2024 in W.A.No.2748 of 2023 and etc. batch, filed by the fourth respondent in the writ petition, that is the second respondent herein, this writ appeal also has to face the same fate.

5. Therefore, this appeal also is allowed in terms of the order passed by the Coordinate Bench dated 08.08.2024 made in W.A.No.2748 of 2023 and etc. batch. However, there shall be no order as to costs. Consequently, C.M.P.No.13857 of 2023 is closed. (R.S.K., J.) (A.D.M.C., J) 01.04.2025 drm

To:

1. The Secretary to Government Municipal Administration & Water Supply Department Government of Tamil Nadu Fort St. George, Chennai - 600 009.

2. The Director of Town Panchayat Kuralagam, 4th Floor, Chennai - 600 108.

3. The District Collector Erode District, Erode.

4. The Executive Officer Modakurichi Town Panchayat Erode District - 638 104.

R. SURESH KUMAR, J.

AND A.D.MARIA CLETE , J.

(drm) 01.04.2025