The State Of Tamil Nadu v. N.Rajagopal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.06.2024

CORAM

THE HON'BLE MR.JUSTICE D. KRISHNAKUMAR AND THE HON'BLE MR.JUSTICE K.KUMARESH BABU 1.The State of Tamil Nadu, rep. By its Secretary to Government, Rural Development & Panchayat Raj Department, Fort St.George, Chennai 9 2.The Director, Commissionerate of Rural Development and Panchayat Raj, Panagal Buildings, Chennai 15 3.The District Collector, Cuddalore District 4.The District Collector, Villupuram District : Appellants versus N.Rajagopal : Respondent Prayer: Writ appeal filed under Clause 15 of the Letters Patent against the order of the learned Single Judge in WP No.24389 of 2019 dated 18.11.2019. For the Appellants :

Mr.V.Manoharan, Additional Government Pleader For the Respondent :

Mr.V.R.Rajasekaran

JUDGMENT

(Made by D. KRISHNAKUMAR, J.) The State has preferred this writ appeal aggrieved by the order of the learned Single Judge in WP No.24389 of 2019 dated 18.11.2019.

2. When the appeal was taken up for hearing, Mr.V.Manoharan, learned Additional Government Pleader, produced a copy of the judgment passed in WA Nos.686 to 692 of 2020, dated 14.03.2024 and submitted that the Division Bench has dealt with similar issue involved in the present case and has passed a judgment in favour of the Department. In short, it is the submission of learned Additional Government Pleader that the Division Bench has reversed the order of learned Single Judge and rejected prayer made by the original writ petitioner in the writ petition.

3. Mr.V.R.Rajasekaran, learned counsel appearing for the respondent / original writ petitioner fairly concedes that the issue involved in both the matters are one and the same. Learned counsel

also submitted that the respondent/original writ petitioner has taken steps to file a review application to review the order passed in W.A.Nos.686 to 692 of 2020, dated 14.03.2024.

4. Considering the fact that the issue involved in both the writ petitions are one and the same, following the judgment of the Division Bench in W.A.Nos.686 to 692 of 2020, dated 14.03.2024, the order passed by the learned Single Judge in WP No.24389 of 2019, dated 18.11.2019 is set aside and this appeal is allowed. There will be no order as to costs. Consequently, CMP No.1974 of 2022 is closed. (D.K.K., J.) (K.B., J.) 26.06.2024 Index : Yes/No : Yes/No tar

D. KRISHNAKUMAR, J.

AND K.KUMARESH BABU, J.

(tar) 26.06.2024