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Madras High CourtWP(MD)/17341/2021disposed of

Sureshkumar S.M v. The Principal Secretary

2024-07-22Honourable Mrs Justice L.Victoria Gowri8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.07.2024

CORAM

THE HONOURABLE MRS JUSTICE L.VICTORIA GOWRI and W.M.P.(MD).Nos.14214 to 14216, 14220, 14222, 14225, 14217, 14219 & 14223 of 2021 W.P.(MD).No.17341 of 2021 S.M.Sureshkumar ... Petitioner Vs.

... Respondents 1/8

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the first Respondent office proceedings vide G.O.(D).No.129, dated 09.09.2021 and quash the same as illegal and consequently direct the respondents to allow the petitioner to continue as Chairperson of the Child Welfare Committee, Theni District for the remaining part of the term of his office along with all his other members, including Mr.Chandrasekaran within a stipulated time that may be fixed by this Court. W.P.(MD).No.17342 of 2021 C.Nagendran ... Petitioner Vs.

... Respondents 2/8

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 1st Respondent office proceedings vide G.O.(D).No.129, dated 09.09.2021 and quash the same as illegal and consequently direct the respondents to allow the petitioner to continue as Member of the Child Welfare Committee, Theni District for the remaining part of the term of his office along with all his other members, including Mr.Chandrasekaran within a stipulated time that may be fixed by this Court. W.P.(MD).No.17343 of 2021 S.Palanichamy ... Petitioner Vs.

... Respondents 3/8

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the first Respondent office proceedings vide G.O.(D).No.129, dated 09.09.2021 and quash the same as illegal and consequently direct the respondents to allow the petitioner to continue as Member of the Child Welfare Committee, Theni District for the remaining part of the term of his office along with all his other members, including Mr.Chandrasekaran within a stipulated time that may be fixed by this Court. For Petitioners : Mr.Henri Tiphagne For Respondents : Mr.D.Gandhiraj, Special Government Pleader (In All Writ Petitions) COMMON ORDER Heard Mr.Henri Tiphagne, learned counsel appearing for the petitioners and Mr.D.Gandhiraj, learned Special Government Pleader appearing for the respondents.

2. These Writ Petitions came to be filed seeking to quash the impugned order passed by the first Respondent in his proceedings vide the Government Order in G.O.(D).No.129, Social Welfare and Women Empowerment (sana.5 (1)), dated 09.09.2021.

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3. However, when the matter came up for hearing today, the learned counsel appearing for the petitioners, Mr.Henry Tiphage, submitted that the Writ Petitions have become infructuous in view of the fact that a New Chairperson of the Child Welfare Committee has already been appointed in

4. In view of the same, nothing survives for further adjudication in these Writ Petitions. However, the false allegation as against the petitioners that the First Information Report has been registered as against the petitioners has to be explained.

5. In view of the same, the learned Special Government Pleader, Mr.D.Gandhiraj, was directed by this Court to get precise report as to whether any FIR has been registered against the petitioners herein.

6. The learned Special Government Pleader on receipt of written instructions submitted that no First Information Report has been registered as against the petitioners.

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7. In view of the same, though these Writ Petitions deserve dismissal as infructuous, the allegation pertaining to the registration of First Information Report as against the petitioners in the impugned order in G.O.(D).No.129, Social Welfare and Women Empowerment (sana.5 (1)) Department, dated 09.09.2021 is hereby quashed and this Court hereby makes it clear that the aforesaid false information as to the registration of First Information Report as against the petitioners will not stand in the way of the petitioners in case of making application for similar posts of social recognition in future.

8. In view of the above, the Writ Petitions stand disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 22.07.2024 NCC:yes/no Index:yes/no Internet:yes/no TSG To 6/8

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L.VICTORIA GOWRI, J.

TSG W.P.(MD).Nos.17341 to 17343 of 2021 22.07.2024 8/8