R.Sadagopan, v. The Additional Chief Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY R.Sadagopan ... Appellant Vs.

The Additional Chief Secretary to Government, Revenue & Disaster Management Department, Service Wing, Service 2-(1) Section, Secretariat, Chennai-600 009.

... Respondent Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against the order made in W.P(MD)No.25263 of 2019, dated 13.09.2022. For Appellant : Mr.S.Visvalingam For Respondent : Mr.J.K.Jeyaseelan Government Advocate *** 1/4

JUDGMENT

(Judgment of the Court was delivered by S.S.SUNDAR, J.) Heard Mr.S.Visvalingam, learned counsel appearing for the appellant and Mr.J.K.Jeyaseelan, learned Government Advocate appearing for the respondent.

2. This writ appeal is directed against the order of the learned Single Judge in allowing the writ petition by remitting the matter to be considered by the respondent afresh.

3. The learned Single Judge while holding that the order is nonspeaking and cryptic, remitted the matter to the respondent for fresh consideration. However, the appellant, who was successful in getting remand order, is aggrieved.

4. This Court is unable to accept the arguments of the learned counsel appearing for the appellant that the appellant/writ petitioner is not guilty of any misconduct, merely because the appellant is aged about 75 years old. This 2/4

Court may not accept the case of the appellant/writ petitioner that he has not committed any misconduct as alleged by the respondent.

5. Accordingly, the writ appeal is dismissed, however, the respondent is directed to pass fresh orders on merits and in accordance with law, keeping in mind the observations of the learned Single Judge made in W.P(MD)No.25263 of 2019, dated 13.09.2022, within a period of eight (8) weeks from the date of receipt of a copy of this order. No Costs.

[S.S.S.R., J.] [D.B.C., J.] 18.07.2023 Index : Yes / No Internet : Yes/No NCC : Yes/No am To The Additional Chief Secretary to Government, Revenue & Disaster Management Department, Service Wing, Service 2-(1) Section, Secretariat, Chennai-600 009.

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S.S.SUNDAR, J.

and D.BHARATHA CHAKRAVARTHY , J.

am 18.07.2023 4/4