Madras High CourtWP(MD)/6458/2017dismissed as infructuous

S.Murugathurai, v. The Secretary To Govt.,

2024-08-13Honourable Mr Justice Abdul Quddhose6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.(MD)No.5077 of 2017 1.S.Murugathurai 2.T.Dhanalakshmi 3.V.varadharajan 4.S.MuthuNarayanan ... Petitioners /Vs./ 1.The Secretary to Government, Home(Transport) Department, Secretariat, Fort St.George, Chennai-09.

2.The Commissioner, State Transport Department, Ezhilagam, Chepauk, Chennai-05.

3.The Joint Transport Commissioner (A), Ezhilagam, Chepauk, Chennai-05.

4.The Committee Chairman, Deputy Transport Commissioner, Erode.

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5.The Chairman, TamilNadu Public Service Commission, Frazer Bridge Road, Voc Nagar, Park Town, Chennai.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Declaration, declaring the Lr.R.No. 11361/R3/2016, dated 13.05.2016 issued by 3rd respondent as illegal and unconstitutional and consequently direct the respondents 1 to 3 herein to issue fresh promotional panel list for posts of superintendents in Transport department by implementing the committee report dated 02.01.2017 submitted by 4th respondent herein within the time limit prescribed by this Court.

For Petitioners : Mr.AL.Kannan For Respondents : Mrs.D.Farjana Ghoushia (R1 to R4) Special Government Pleader Mr.J.Anandkumar (R5) Standing Counsel

ORDER

On the last hearing date, ie., 06.08.2024, the learned Special Government Pleader appearing for the respondents submitted that this 2/6

writ petition has now become infructuous, since subsequent to the filing of this writ petition, pursuant to an order passed by the Division Bench of this Court in a Writ Appeal, the petitioners have been promoted. On the last hearing date, the learned counsel appearing for the petitioners sought time to get instructions with regard to the submission made by the learned Special Government Pleader appearing for the respondents.

2. Today, when the matter is called for hearing, the learned counsel appearing for the petitioners submits that he is unable to contact his clients with regard to the statement made by the learned Special Government Pleader appearing for the respondents on the last hearing date.

3. This writ petition is of the year 2017. Since the learned counsel appearing for the petitioners is unable to inform this Court as to whether this writ petition has now become infructuous or not, this Court will have to necessarily accept the statement made by the learned Special Government Pleader appearing for the respondents that the matter has now become infructuous.

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4. After recording the fact that the petitioners have been promoted subsequent to filing of this writ petition, pursuant to an order passed by the Division Bench of this Court in a Writ Appeal, this writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.

13.08.2024 Index : Yes / No NCC : Yes / No Sm 4/6

TO:- 1.The Secretary to Government, Home(Transport) Department, Secretariat, Fort St.George, Chennai-09.

2.The Commissioner, State Transport Department, Ezhilagam, Chepauk, Chennai-05.

3.The Joint Transport Commissioner (A), Ezhilagam, Chepauk, Chennai-05.

4.The Committee Chairman, Deputy Transport Commissioner, Erode.

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ABDUL QUDDHOSE, J.

Sm Order made in Dated:

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