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Madras High CourtCMP(MD)/9882/2022closed

The Secretary To Govt. v. V. Karuppaiah

2023-11-28Honourable Mr Justice M. Sundar,Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Eighth day of November Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice M.SUNDAR and The Hon`ble Mr.Justice G.R.SWAMINATHAN in REV.APLC(MD)No.145 of 2022 1 THE SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, SECRETARIAT, CHENNAI - 09.

2 THE REVENUE DIVISIONAL OFFICER, USILAMPATTI DIVISION, USILAMPATTI, MADURAI DISTRICT.

3 THE TAHSILDAR THIRUMANGALAM TALUK, THIRUMANGALAM, MADURAI DISTRICT.

... PETITIONERS/APPELLANTS Vs V. KARUPPAIAH ... RESPONDENT/RESPONDENT Civil Miscellaneous petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to grant an order of interim stay of operation of order dated 22-08--2017 passed by this Honourable Court in W.A.(MD).No.1143 of 2017 pending disposal of the above writ appeal.

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Prayer in REV.APLC(MD). 145/ 2022 :

Review Application filed under Order 47 rule 1 R/W 114 of Civil Procedure Code, to review the orders passed in W.A.(MD).No.1143 of 2017 dated 22.08.2017. Prayer in WA(MD). 1143/ 2017 :

Writ Appeal filed under Clause 15 of the Letter Patent Act, Praying to set aside the order dated 28.6.2016 made in WP(MD) No.15473 of 2014, on the file of this Court and allow this writ Appeal.

Prayer in WP(MD). 15473/ 2014 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records of the third respondent relating to his ordes issued in memo No. ROC NO. 355/2014/A2 dated 08.07.2014 and quash the same and consequently direct the respondents to count the services put in by the petitioner in the cadre of Thalaiyari on consolidated pay as per Rule 11(4) of the Tamil Nadu Pnesion Rules, 1978 along with regular time scale of pay in the cadre of Village Assistant for the purpose of calculation of pension and send pension proposals within a specified time frame that may be fixed by this Honourable Court.

ORDER : This Civil Miscellaneous petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.M.SINGADURAI, Special Government Pleader for the petitioner and of Mr.S.VISVALINGAM, Advocate on behalf of the Respondent, the Court made the following order:- [Order of this Court was made by M.SUNDAR,J.] Captioned 'Civil Miscellaneous Petition' [hereinafter 'CMP' for the sake of brevity, convenience and clarity] is disposed of as closed for the following two reasons:

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(a) There is no disputation or contestation that the order sought to be reviewed has since been implemented albeit with a rider that it is subject to the outcome of the captioned review application;

(b) Proceedings made in the main review application will make it clear that the main review application itself is now being heard out.

2. Captioned CMP is disposed of as closed.

sd/- 28/11/2023 / TRUE COPY / /12/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

PKN TO 1 THE SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, SECRETARIAT, CHENNAI - 09.

2 THE REVENUE DIVISIONAL OFFICER, USILAMPATTI DIVISION, USILAMPATTI, MADURAI DISTRICT.

3 THE TAHSILDAR THIRUMANGALAM TALUK, THIRUMANGALAM, MADURAI DISTRICT.

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ORDER

IN in REV.APLC(MD)No.145 of 2022 Date :28/11/2023 SS/JGB/SAR- /04/12/2023/4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4