Madras High Court
The Commissioner Of Animal ... vs Micheal Ammal on 22 June, 2021
W.A.(MD)Nos.838 of 2020 and 760 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)Nos.838 of 2020 and 760 of 2019
and
C.M.P.(MD)Nos.4621 of 2020 and 6702 of 2019
W.A.(MD)No.838 of 2020
1.The Commissioner of Animal Husbandry Administration,
General Office Building (Part-II),
Thenampettai, Chennai-6.
2.The Assistant Director,
Animal Husbandry Department,
Srivilliputhur,
Virudhunagar District.
3.The Regional Joint Director,
Animal Husbandry Department,
Virudhunagar.
4.The District Employment Officer,
District Employment Office,
Virudhunagar. : Appellants
Vs.
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W.A.(MD)Nos.838 of 2020 and 760 of 2019
1.Micheal Ammal
2.T.Rosammal : Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent,
praying to set aside the order dated 28.06.2019, in W.P.(MD)No.4295 of
2011 and allow this Writ Appeal.
W.A.(MD)No.760 of 2019
1.The Chief Secretary to Government,
Government of Tamil Nadu,
Secretariat, Chennai-600 009.
2.The District Collector
Collectorate, Theni District. : Appellants
Vs.
1.P.Udhayakumar
2.The Executive Officer,
Kamayakoundanpatti Panchayat Union,
Theni District.
3.K.Mani
4.P.Sekar : Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent,
praying to set aside the order dated 07.06.2019, in W.P.(MD)No.7188 of
2011 and allow this Writ Appeal.
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W.A.(MD)Nos.838 of 2020 and 760 of 2019
For Appellants : Mr.A.K.Manickam
(in both appeals) Standing Counsel for Government
For R1 (in W.A.(MD)No.838 of 2020)
: Mr.S.Manohar
For R2 (in W.A.(MD)No.838 of 2020)
: No Appearance
For R1 (in W.A.(MD)No.760 of 2019)
: Mr.V.Sasikumar
For R2 (in W.A.(MD)No.760 of 2019)
: Mr.K.Raju
For R3 (in W.A.(MD)No760 of 2019)
: Mr.R.Aravind Raj
For R4 (in W.A.(MD)No760 of 2019)
: Mr.M.Kannan
COMMON JUDGMENT
***************************
[Common Judgment of the Court was delivered by
T.S.SIVAGNANAM, J.]
These appeals filed by the Government are directed against the
order and observations made by the learned Single Bench in W.P.
(MD)Nos.4295 and 7188 of 2011, by which certain directions have been
issued to the Government in the matter of recruitment of last grade
servants.
2.In our considered view, such observations would not be
appropriate in a writ petition filed by the first respondent in the writ
petitions, seeking to quash an order passed by the second respondent
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W.A.(MD)Nos.838 of 2020 and 760 of 2019
therein dated 15.05.2008 and 09.02.2011 and to conduct fresh selection.
The writ petitions were dismissed by the learned Single Bench. Having
done so, we are of the clear view that directions cannot be issued to the
Government to conduct selection in a particular manner, more
particularly, when the writ petition was not a public interest litigation and
the competent authorities to take a policy decision in the matter of
recruitment were not respondents in these writ petitions. Therefore, all
observations are directions issued to the Government of Tamil Nadu have
to be held to be beyond the scope of the lis which was subject matter of
the writ petitions.
3.Accordingly, the writ appeals are allowed and all the directions
and observations made in the Writ Petitions are set aside. However, there
shall be no order as to costs. Consequently, connected miscellaneous
petitions are closed.
[T.S.S., J.] & [S.A.I., J.]
22.06.2021
Index : Yes / No
Internet : Yes / No
MR
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.
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W.A.(MD)Nos.838 of 2020 and 760 of 2019
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
MR
COMMON JUDGMENT MADE IN
W.A.(MD)Nos.838 of 2020
and 760 of 2019
22.06.2021
https://www.mhc.tn.gov.in/judis/
