Caa Adaikalasamy v. Swaminatha Subramanian

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.08.2016

CORAM

THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE MR. JUSTICE R.MAHADEVAN W.A.Nos.351 and 352 of 2008 and M.P.Nos.1 & 2 of 2008 W.A.No.351 of 2008:

C.A.Adaikalasamy .. Appellant Vs.

1.Swaminatha Subramanian 2.The Director of Agriculture, Marketing & Agriculture Business, Cipet Road, Guindy, Chennai-35.

3.The Secretary, Thiruvarur Market Committee, Peria Mill Road, Thiruvarur.

4.Kasi Ayyan, Superintendent, Thiruthuraipoondi Regulating Marketing Committee, Thiruthuraipoondi.

.. Respondents W.A.No.352 of 2008:

C.A.Adaikalasamy .. Appellant Vs.

1.The Commissioner of Agricultural Marketing, Chepauk, Chennai-600 005.

2.The Secretary, Tanjore Market Committee, Tanjore.

.. Respondents Appeals filed under Clause 15 of Letters Patent against the order dated 12.04.2007 in W.P.Nos.24846 and 48346 of 2006 on the file of this Court.

WP 24846 of 2006: Petition filed under Artcle 226 of the constitution of India seeking for issuance of Writ of certiorarified mandamus Calling for entire records relating to the 1st respondent mde in vi.ku.pa.1 No.7006/06 dated 05.07.206 and 2nd respondents proceedings No.A2/1504/06 dated 12.07.2006 to quash the sme and consequently direct the first and second respondents to promote the petitioner as superintendent from the date on which his immediate junior came to be promoted as such with all benefits both service and monetary.

WP 48346 of 2006:

This WP came to be numbered on transfer OA 928 of 2001 from the Rule 8 Tamilnadu Administrator Tribunal for the relief of Writ of certiorari to call for the records on the file of the 1st respondent in connection with the order passed by him in his Proc. Vi.Ku.Pa.2/18294/95 dated 13.12.2000 and quash the same.

For Appellant .. No Appearance For Respondents .. Mr.L.Chandrakumar for R1 Mr.T.N.Rajagopalan Spl.G.P. for R2 & R3 in W.A.351/2008 & R1 & R2 in W.A.352/2008 COMMON JUDGMENT (Judgment of the Court was made by The Hon'ble Chief Justice) The learned counsel appearing for the first respondent in W.A.No.351 of 2008 states that in the inter-seniority dispute, the first respondent succeeded before the learned Single Judge and worked and since retired. The appellant have also since retired as he was 55 years old in 2008.

2. In view of the aforesaid, it appears that the appellant has lost interest in the appeals and nothing survives for consideration.

3. The writ appeals are dismissed. No costs. Consequently, M.P.Nos.1 and 2 of 2008 are also dismissed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar bbr To 1.The Director of Agriculture, Marketing & Agriculture Business, Cipet Road, Guindy, Chennai-35.

2.The Secretary, Thiruvarur Market Committee, Peria Mill Road, Thiruvarur.

3.The Commissioner Agricultural Marketing, Chepauk, Chennai 600 005.

4.The Secretary, Tanjore Market Committee, Tanjore.

1 cc to Mr.L.Chandrakumar, Advocate, sr.44448 1 cc to Government Pleader, sr.44096 W.A.Nos.351 & 352 of 2008 ssk co kra 17.08.2016