The State Of Tamilnadu v. Thiru G.Chelladurai
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 14.03.2024
CORAM
THE HONOURABLE MR. JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR. JUSTICE K.KUMARESH BABU and C.M.P.No.1533 of 2021
1. The State of Tamil Nadu, Represented by the Secretary to Government, Home (Police) Department, Fort St.George, Chennai - 600 009.
2. The Director General of Police, Chennai - 600 004.
3. The Deputy Inspector General of Police, Tirunelveli Range, Tirunelveli.
4. The Superintendent of Police, Tirunelveli District, Tirunelveli - 2.
... Petitioners Vs.
Thiru G.Chelladurai, S/o.Ganapathy Pandian PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order dated 08.04.2014 made in W.P.No.27776 of 2005. Page No.1/5
For Appellants : Mr.K.Suresh Government Advocate For Respondent : Mr.K.Venkataramani, Senior Counsel for Mr.M.Muthappan
JUDGMENT
(Judgment of the Court was delivered by R.SURESH KUMAR,J.) This intra-court appeal has been directed against the order passed by the Writ Court dated 08.04.2014 made in W.P.No.27776 of 2005.
2. In fact along with the said Writ petition there were other three writ petitions i.e., W.P.Nos.27796, 27793 and 27775 of 2005 were heard together and are disposed of by the common order dated 08.04.2014, under which, the promotion sought for on permanent basis as SubInspector of Police by the writ petitioners having been considered was allowed by the Writ Court.
3. As against which, the writ appeal No.2119 of 2022 had been filed by the State against W.P.No.27793 of 2005 against the very same impugned order. The said writ appeal was dismissed by the Division Page No.2/5
Bench by judgment dated 12.09.2022 confirming the order passed by the Writ Court, which has been brought to the notice of this Court by K.Suresh, learned Government Advocate appearing for the appellants as well as Mr.K.Venkataramani, learned Senior Counsel appearing for the respondent.
4. Since the writ appeal filed by the State against the very same impugned order arisen out of one of the writ petitions having been considered was dismissed, we feel that this appeal also has to face the same fate. It is pertinent to be note that, in fact the Government having accepted the decision of the Writ Court as has been confirmed by the said writ appeal judgment, has come forward to issue Government Order in G.O.(D).No.439, Home (Police -III) Department, dated 24.04.2023, under which, the promotion sought for by the respondent/writ petitioner had been granted. Therefore, virtually noting survives in the present appeal and this position is not controverted by the learned Government Advocate appearing for the appellants.
Page No.3/5
5. In view of the same, this Writ Appeal is dismissed. No costs. Connected miscellaneous petition is closed.
(R.S.K.,J.) (K.B., J.) 14.03.2024 Index: Yes/No Speaking Order/Non Speaking Order mp Page No.4/5
R.SURESH KUMAR., J.
and K.KUMARESH BABU.,J.
mp 14.03.2024 Page No.5/5