Madras High Court
The District Collector vs A.T.Pachamal on 23 April, 2021
W.A.(MD)No.887 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.887 of 2021
and
C.M.P(MD)No.4023 of 2021
The District Collector,
Ramanathapuram District,
Ramanathapuram. ... Appellant / Respondent
Vs.
A.T.Pachamal ... Respondent / Writ Petitioner
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to
set aside the order dated 02.02.2021 made in W.P.(MD)No.1636 of 2021 on the
file of this Court.
For Appellant : Mr.K.P.Krishnadass,
Special Government Pleader
For Respondent : Mr.S.Visvalingam
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W.A.(MD)No.887 of 2021
JUDGMENT
************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
We have heard Mr.K.P.Krishnadass, learned Special Government
Pleader for the Appellant and Mr.S.Visvalingam, learned Counsel for the
Respondent.
2.Identical impugned order passed in other writ petitions were tested
for its correctness by us in W.A.(MD)No.813 of 2021 and the same was
dismissed by judgment, dated 16.04.2021. The operative portion of the
judgment reads as follows :
"6.On a perusal of the proceedings of the
appellant dated 18.02.2019, it is seen that there is
no such condition imposed, but only reference to
G.O.Ms.No.101, stating that the Chief Educational
Officer of the concerned district would be entitled
to grant permission is made.
7.The learned Writ Court, after
considering the submissions of the other side,
taking note of the decision in the case of Director
of Elementary Education, Chennai Vs.
G.Vijayalakshmi and another reported in (2015)
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.887 of 2021
6 MLJ 315, allowed the writ petition. Aggrieved
by the same, the department is before us.
8.After we have elaborately heard
Mrs.S.Srimathy, learned Special Government
Pleader appearing for the appellants and
Mr.D.Shanmugaraja Sethupathi, learned Counsel
for the first respondent / writ petitioner, we are of
the considered view that the order passed by the
learned Single Bench is perfectly justified and
calls for no interference. We had an occasion to
consider a similar case, though there was a slight
difference in the facts of the case in W.A.(MD)No.
271 of 2021 and we have dismissed the appeal
filed by the Government.
9.The case on hand is a better case on
facts. Thus for the reasons assigned by the learned
Writ Court, as well as the reasons assigned by us
and in terms of our earlier judgments referred
above, we find no good grounds to interfere with
the order of the learned Writ Court.
10.After we have dictated the judgment,
the learned Special Government Pleader submitted
that the matter has to be placed for ratification
before the Court.
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W.A.(MD)No.887 of 2021
11.In the facts and circumstances of the
case, we find no justification for doing so because
no such ratification needs to be automatic because
the head of the department namely, the Director of
School Education has already issued proceedings
dated 18.02.2019. This should be taken note of by
the appellants.
12.Accordingly, this Writ Appeal stands
dismissed. However, there shall be no order as to
costs. Consequently, the connected miscellaneous
petition is closed."
3. Following the same, the Writ Appeal stands dismissed. No Costs.
Consequently, the connected miscellaneous petition is also dismissed.
[T.S.S., J.] & [S.A.I., J.]
23.04.2021
Index : Yes / No
Internet : Yes / No
RM
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.887 of 2021
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.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.887 of 2021
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
RM
JUDGMENT MADE IN
W.A.(MD)No.887 of 2021
23.04.2021
https://www.mhc.tn.gov.in/judis/
