Madras High CourtWA(MD)/1412/2024dismissed

The Block Development Officer v. K. Alagu Muthukumar

2024-08-21Honourable Mr Justice R. Subramanian,Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and C.M.P(MD)No.10786 of 2024 The Block Development Officer, (Village Panchayat), Sankarankoil, Tenkasi District - 627 756. ... Appellant/1st respondent -vs1.K.Alagu Muthukumar ... 1st Respondent/Writ Petitioner 2.The President, Poigai Village Panchayat, Sankarankoil Taluk, Tenkasi District. ... 2nd respondent/2nd respondent (cause-title is accepted vide Court order dated 05.01.2024 made in C.M.P(MD)No.127 of 2024 in W.A(MD)SR.No.96511 of 2023 by DKKJ & RVJ) PRAYER: Appeal filed under Clause 15 of Letters Patent, against the order dated 23.06.2023 made in W.P(MD)No.11680 of 2016. For Appellant :

Mr.S.R.A.Ramachandran, Additional Government Pleader For R-1 : Mr.K.Navaneetharaja For R-2 : Mr.N.S.Karthikeyan

JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.] Mr.K.Navaneetha Raja, learned counsel takes notice for the first respondent.

2. Mr.N.S.Karthikeyan, learned counsel takes notice for the second respondent.

3. Being aggrieved by the order of the Writ Court dated 23.06.2023 made in W.P(MD)No.11680 of 2016, the appellant has filed this writ appeal.

4. Admittedly, operation of G.O.Ms.No.72 Rural Development & Panchayat Raj (ES) Department, dated 09.07.2013, was stayed by this Court in W.P(MD)No.16884 of 2013 and during the currency of such stay, the first respondent was appointed as Panchayat Secretary by the second respondent. Even though the said interim order passed in W.P(MD)No.16884 of 2013 was modified, benefit was given to the persons who filed writ petitions. The learned single Judge has found

that the petitioner had filed a writ petition and the same was pending and hence, we are unable to fault the learned single Judge for having allowed the writ petition. Hence, this writ appeal is dismissed. No Costs. Consequently, connected Miscellaneous Petition is closed.

5. Since it is stated that the first respondent is working as on date, the authorities shall disburse the salary to the first respondent as early as possible.

[R.S.M., J.] [L.V.G., J.] 21.08.2024 NCC :Yes/No Index :Yes/No Internet :Yes PM To:

The Block Development Officer, (Village Panchayat), Sankarankoil, Tenkasi District - 627 756.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

pm 21.08.2024