The State Of Tamilnadu v. A.Govindan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P.(MD) No.898 of 2024 1.The State of Tamil Nadu, Represented by its Principal Secretary, Health and Family Welfare (N1) Department, Fort St. George, Chennai - 600 009.
2.The Director of Public Health and Preventive Medicine, O/o. the Director of Public Health and Preventive Medicine, Chennai - 600 006.
... Appellants -vsA.Govindan ... Respondent
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 22.02.2023 made in W.P(MD).No.3910 of 2016. For Appellants :
Mr.S.P.Maharajan, Special Govt. Pleader For Respondent :
Mr.G.Karthick
J U D G M E N T
[Judgment of the Court was delivered by D.KRISHNAKUMAR, J.] Challenging the order passed by this Court in W.P(MD).No.3910 of 2016, dated 22.02.2023, the appellants have filed this Writ Appeal.
2. Heard the submissions of learned Special Government Pleader appearing for the appellants and the learned counsel appearing for the respondent and perused the materials available on record.
3. On a perusal of the impugned order it is seen that the Writ Court has not passed any positive direction to the appellants and only directed the
appellants to reconsider the case of the respondent in the light of the order dated 14.02.2020 passed by the appellants. Further, the Writ Court has not passed the said order on merits. Therefore, it is for the appellants to consider the case of the respondent by taking into consideration of the order dated 14.02.2020, if the respondent is otherwise eligible.
4. In view of the above, we are of the view that the appellants have filed this Writ Appeal unnecessarily and therefore, the Writ Appeal fails and the same is liable to be dismissed.
5. Accordingly, this Writ Appeal is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. [D.K.K., J.] [R.V., J.] vsm 01.02.2024 NCC : Yes / No Index : Yes / No
D.KRISHNAKUMAR , J.
and R.VIJAYAKUMAR, J.
vsm and C.M.P.(MD) No.898 of 2024 01.02.2024