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Madras High CourtWP/26157/2025closed

P.Shanmugam v. The State Rep By

2025-08-18Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.08.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.Nos.29450 & 29451 of 2025 P.Shanmugam S/o.Perumal ... Petitioner vs.

The State represented by 1.The Chief Secretary to Government of Tamil Nadu, Fort St.George, Secretariat, Chennai.

2.The Additional Chief Secretary to Government, Revenue and Disaster Management Department, Land Disposal Wing, LD.4(1) Section, Secretariat, Chennai.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the order passed by the second respondent dated 10.07.2025 vide letter No.10935351/LD4(1)/2024-2, which was came to the petitioner's knowledge on 15.07.2025 to quash the same and consequently, direct the respondents not to take any coercive action till 1/4

the dictum of Larger Bench in the light of the reference made vide judgment dated 26.06.2025 in W.A.(MD) No.1738 of 2025. For Petitioner : Mr.R.Thirumoorthy For Respondents : Ms.P.Aishwarya, Government Advocate *****

O R D E R

This writ petition has been filed challenging the proceedings of the second respondent dated 10.07.2025 and consequently, seeks a direction to the respondents not to take any coercive action till the dictum of Larger Bench pending in W.A.(MD) No.1738 of 2025.

2. Heard Mr.R.Thirumoorthy, learned counsel for petitioner and Ms.P.Aishwarya, learned Government Advocate appearing for respondents.

3. When the matter was taken up for hearing today, the judgment of the Full Bench in W.A.(MD) Nos.1738 & 2391 of 2025 dated 13.08.2025 was placed before this Court.

4. It is seen that the Full Bench has taken into consideration the 2/4

order passed by the Supreme Court of India where the judgment of the Division Bench in W.A.(MD) No.485 of 2025 was confirmed. In view of the same, the Full Bench has concluded that no further adjudication is required in the light of the order passed by the Apex Court confirming the earlier order passed by this Court.

5. Learned counsel for the petitioner requested this Court to keep the present writ petition pending on the ground that steps are being taken to challenge the order passed by the Full Bench before the Apex Court. The above request made by the petitioner cannot be considered since as a Single Judge, I am bound by the order passed by the Full Bench and this writ petition was filed only as an interim arrangement to await final decision of the Full Bench. Now that the Full Bench has taken a decision, this writ petition cannot be kept pending. In view of the above, this writ petition is closed and it is left open to the petitioner to work out the remedy pursuant to the order passed by the Full Bench in W.A.(MD) Nos.1738 & 2391 of 2025 dated N.ANAND VENKATESH, J 3/4

gm 13.08.2025. No costs. Consequently, connected miscellaneous petitions are closed.

18.08.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To 1.The Chief Secretary to Government of Tmail Nadu, Fort St.George, Secretariat, Chennai.

2.The Additional Chief Secretary to Government, Revenue and Disaster Management Department, Land Disposal Wing, LD.4(1) Section, Secretariat, Chennai.

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