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Madras High CourtWA/3519/2019dismissed

The Secretary To Government v. M.Chandra Mohan

2023-07-13Honourable Mr Justice R. Suresh Kumar,Honourable Mr Justice K.Kumaresh Babu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.07.2023

CORAM

THE HON'BLE Mr. JUSTICE R.SURESH KUMAR AND THE HON'BLE Mr. JUSTICE K.KUMARESH BABU W.A.3519 of 2019 and C.M.P.No.22579 of 2019 1.The Secretary to Government, College Education Department, Fort St. George, Chennai - 9.

2.The Directorate of College Education, DPI Compound, College Road, Chennai - 6.

3.The Teachers Recruitment Board, Rep. By Member Secretary, DPI Compound, College Road, Chennai - 6.

... Appellants Vs.

Dr.M.Chandra Mohan ... Respondent Prayer : Appeal filed under Clause 15 of the Letters Patent Act, praying to set aside the order dated 05.10.2018 made in Review Application No.66 of 2018.

For Appellants : Mr.K.V.Sajeev Kumar Special Government Pleader For Respondent : Notice served - No appearance

JUDGMENT

(Judgment of the Court was delivered by K.KUMARESH BABU, J.) This intra-Court appeal has been filed as against the order of the learned Single Judge dated 05.10.2018 in Review Application No.66 of 2018 dismissing the review application filed by the appellants.

2. It is pertinent to note that as against the order passed in W.P.No.33565 of 2014 dated 03.11.2016, Writ Appeal Sr.No.77224 of 2019 along with an application in C.M.P.No.13912 of 2019 to condone the delay of 904 days in filing the appeal had been filed and the Division Bench of this Court had dismissed the application to condone the delay, which would only envisage that the order passed in the Writ Court had been confirmed.

3. The learned Single Judge, while passing orders in the review application, had held that there was no error apparent on the face of the record for the review to be entertained and accordingly dismissed the review application. Therefore, we are of the considered view that the present writ appeal filed by the appellants is not maintainable, hence the Writ Appeal is dismissed. However, there shall be no order as to costs.

Consequently, connected miscellaneous petition is also dismissed. (R.S.K., J.) (K.B., J.) 13.07.2023 Index : Yes/No Speaking Order : Yes/No Sgl

R. SURESH KUMAR, J.

And K.KUMARESH BABU, J.

Sgl 13.07.2023