Madras High Court
The Government Of Tamil Nadu vs K.Sethuraman on 26 February, 2021
Rev.Aplc.(MD) No.219 of 2017
and C.MP(MD).No.9482 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.02.2021
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
and
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
Reivew Application (MD).No.219 of 2017
and C.M.P.(MD).No.9482 of 2017
in Writ Appeal (MD) No.794 of 2017
1.The Government of Tamil Nadu,
Rep. by its Home Secretary,
Fort St. George, Chennai – 600 009.
2.The Director General of Police,
Kamarajar Salai, Mylapore,
Chennai – 600 004.
3.The Commissioner of Police,
Madurai City, Madurai. ... Review Petitioners
-vs-
K.Sethuraman ... Respondent
Review Application under Section 114 read with Order 47 Rules 1
& 2 of Code of Civil Procedure to review the judgment dated 28.06.2017
made in W.A.(MD) No.794 of 2017.
1/6
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Rev.Aplc.(MD) No.219 of 2017
and C.MP(MD).No.9482 of 2017
For Applicants : Mr.K.P.Krishnadoss
Special Government Pleader
For Respondent : Mr.A.Rajaram
ORDER
(Order of the Court was made by T.S.Sivagnanam, J.)
The appellants in W.A.No.794 of 2017 are the review petitioners in
this review application. The appellants seek for review of the judgment and
order dated 28.06.2017, which reads as follows:
“Heard Mr.V.R.Shanmuganathan, learned Special
Government Pleader appearing for the appellants and
Mr.A.Rajaram, learned counsel appearing for the
respondents.
2.This Writ Appeal has been filed by the
Government challenging the order dated 27.11.2013
made in W.P.(MD).No.18967 of 2013. The said order is a
common order in a batch of cases, pertaining to
promotion. The learned Single Judge, after taking into
consideration the Judgment of the Hon'ble Division
Bench in W.A.(MD).No.1506 of 2011, dated 17.06.2013,
allowed the Writ Petitions. It is submitted by the learned
counsel for the respondent that the Special Leave
Petitions filed against the said Writ Appeal was dismissed
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Rev.Aplc.(MD) No.219 of 2017
and C.MP(MD).No.9482 of 2017
by the Hon'ble Supreme Court and the appellants have
implemented the Judgment passed in the Writ Appeal in
respect of similarly placed persons, by passing
G.O(Ms).No.167, Home (Police Vi) Department, dated
02.03.2017.
3.Since the Writ Court had allowed the Writ
Petition by following the Judgment passed by the Hon'ble
Division Bench, we find no reason to take a different view
in the present Writ Appeal. Accordingly, the Writ Appeal
is dismissed. No costs. Consequently, connected
Miscellaneous Petition is closed.”
2.As could be seen from the above judgment, the Court had
followed an earlier decision of the Hon'ble Division Bench in W.A.No.1506
of 2011 dated 17.06.2013
3.We have heard Mr.K.P.Krishnadoss, learned Special Government
Pleader appearing for the applicants and Mr.A.Rajaram, learned counsel
appearing for the respondent. We have carefully perused the grounds raised
before us.
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Rev.Aplc.(MD) No.219 of 2017
and C.MP(MD).No.9482 of 2017
4.We find that the review petitioners seek for finding fault with the
judgment in W.A.No.1506 of 2011 dated 17.06.2013 which they are not
entitled to because the Special Leave Petitions filed against the said
judgment before the Hon'ble Supreme Court have been dismissed and the
orders have been implemented. Therefore, we find that there are absolutely
no grounds made out by the petitioners to review the judgment and order
and the petitioners have miserably failed to point out any error which is
apparent on the face of the judgment dated 28.06.2017.
5.Further, the learned counsel appearing for the respondent would
submit that in respect of similarly placed writ petitioners, the Government
has implemented and had paid all the benefits in G.O.Ms.No.326, dated
26.03.2015. The learned counsel has furnished the names of three of the
Special Sub Inspectors, who were also the writ petitioners and who have
been granted relief, namely, Mr.R.Thangapandian SSI 2207, Mr.S.Michael
Antony SSI 226 and Mr.R.Paul Durai SSI 359.
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Rev.Aplc.(MD) No.219 of 2017
and C.MP(MD).No.9482 of 2017
6.In any event, we being fully satisfied that no grounds have been
made out to review our judgment, the review petition is accordingly
dismissed. No costs. Consequently, connected miscellaneous petition is
closed.
(T.S.S., J.) (P.V., J.)
26.02.2021
cse
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Rev.Aplc.(MD) No.219 of 2017
and C.MP(MD).No.9482 of 2017
T.S.Sivagnanam, J.
and
P.Velmurugan, J.
cse
Rev.Aplc.(MD) No.219 of 2017
and CMP(MD).No.9482 of 2017
26.02.2021
http://www.judis.nic.in
