Madras High Court
The State Of Tamil Nadu vs C.Sidhasamy on 8 September, 2021
W.A.No.1075 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.09.2021
CORAM
The Honourable Mrs.Justice Pushpa Sathyanarayana
and
The Honourable Mr.Justice Krishnan Ramasamy
W.A.No.1075 of 2020
and C.M.P.No.13142 of 2020
1.The State of Tamil Nadu,
Rep.by Secretary to Government,
Public (Political Pension -4) Department,
Fort St.George,
Secretariat, Chennai – 600 009.
2.The District Collector,
Dharmapuri District,
Dharmapuri - 636 705. ... Appellants
vs
C.Sidhasamy ... Respondent
Prayer:Writ Appeal filed under clause 15 of the Letters Patent Act against the
final order dated 28.02.2020, made in W.P.No.26365 of 2019.
****
For Appellants : Mr.T.N.C.Kaushik
State Government Counsel
For Respondent : Mr.K.Goviganesan
https://www.mhc.tn.gov.in/judis/
1/4
W.A.No.1075 of 2020
JUDGMENT
(Delivered by Pushpa Sathyanarayana.J., )
This Writ Appeal is directed against the order of the learned Single
Judge made in W.P.No.26365 of 2019 dated 28.02.2020.
2.In the writ petition, there was a direction to the first respondent
therein, who is the Secretary to Government, to consider the name of the writ
petitioner, a freedom fighter and pass order under Freedom Fighters Pension
Scheme.
3.The order impugned in the writ petition, was set aside by the learned
Single Judge after elaborately considering the same on merits and also holding
that the second appellant herein can only be a recommending authority and the
first respondent is the competent authority to pass order and remitted the matter to
the first respondent, granting four weeks time to consider the application of the
writ petitioner for grant of freedom fighter pension. Instead of considering the
case of the writ petitioner by affording him an opportunity of personal hearing,
the first appellant passed an order dated 13.10.2020, advising the learned
Government Pleader to file a Writ Appeal.
https://www.mhc.tn.gov.in/judis/
W.A.No.1075 of 2020
4.The learned Single Judge had only remitted the matter to the first
appellant with a direction to consider the claim of the writ petitioner. Instead of
obeying the said order, the present appeal is filed against the said order, which in
our view, is not maintanable. The appeal is adviced to be filed in a mechanical
manner without application of mind. The respondent is a Freedom Fighter who is
93 years old and cannot be disrespected in this manner and the directions given by
the Writ Court is confirmed, to be complied within four weeks.
5.In view of the above, the Writ Appeal is dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
Post for reporting compliance on 20.10.2021.
[P.S.N., J.] [K.R., J.]
08.09.2021
Index : Yes/No
Internet : Yes/No
Speaking Order/Non Speaking Order
rst
Note to Office:
Registry is directed to upload copy
of the order on 17.09.2021 and issue
order copy on 20.09.2021.
https://www.mhc.tn.gov.in/judis/
W.A.No.1075 of 2020
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
rst
W.A.No.1075 of 2020
and C.M.P.No.13142 of 2020
08.09.2021
https://www.mhc.tn.gov.in/judis/
