The State Of Tamil Nadu v. S.Prem Kumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2021

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI and C.M.P.(MD)No.7441 of 2020

1. The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Revenue Department, Secretariat, Chennai - 9.

2. The Additional Chief Secretary and Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 5.

3. The District Collector, Dindigul District, Dindigul.

4. The District Revenue Officer, O/o.Dindigul Revenue Office, Dindigul, Dindigul District.

... Appellants/Respondents Vs.

S.Premkumar ... Respondent/Petitioner Prayer : Appeal filed under Clause 15 of the Letters Patent Act against the order passed by this Court in W.M.P.(MD)No.15029 of 2020 in W.P.(MD)No.18009 of 2020, dated 09.12.2020. Prayer in WMP(MD).15029/ 2020 :

To grant an ad interim stay of operation of the impugned order passed by the 3rd respondent in his proceedings in Na.Ka.No.9388/2020-1/A1 dated 01.12.2020 and the consequential impugned order passed by the 3rd respondent in his proceedings in Na.Ka.No.9388/2020-2/A1 dated 01.12.2020 pending disposal of the above Writ Petition.

Prayer in WP(MD). 18009/ 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court S-10. to issue a writ of Certiorari calling for the records relating to the impugned order passed by the 3rd respondent in his proceedings in 1/3

Na.Ka.No.9388/2020-1/A1 dated 01.12.2020 and the consequential impugned order passed by the 3rd respondent in his proceedings in Na.Ka.No.9388/2020-2/A1 dated 01.12.2020 and quash the same as illegal.

For Appellants : Mrs.J.Padmavathi Devi Special Government Pleader For Respondent : Mr.M.Ajmalkhan Senior Counsel for M/s.Ajmal Associates * * * * *

J U D G M E N T

(Judgment of the Court was delivered by M.M.SUNDRESH, J) The learned Special Government Pleader appearing for the appellants submitted that the respondent/writ petitioner, who is a temporary promotee, can be reverted back at any time. We are afraid that the said submission could not be the basis for filing the Writ Appeal. The order was passed by the learned Single Judge upon hearing the learned counsel appearing for the parties. Therefore, it is well open to the appellants to file vacate stay petition and seek to vacate the interim order granted.

2.With the above observation, this Writ Appeal is closed giving liberty to the parties to raise all the contentions in the writ petition. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) smn2 Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

2/3

To

1. The Principal Secretary to Government, State of Tamil Nadu, Revenue Department, Secretariat, Chennai - 9.

2. The Additional Chief Secretary and Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 5.

3. The District Collector, Dindigul District, Dindigul.

4. The District Revenue Officer, O/o.Dindigul Revenue Office, Dindigul, Dindigul District.

+1 CC to the SPL GP ( SR-456[F] dated 07/01/2021 ) 06.01.2021 KVN(CO) CS(21.01.2021) 3P 6C 3/3