S.Ramasamy vs The State Of Tamil Nadu
2022 Latest Caselaw 3897 Mad

                                                                            W.A.No.22 of 2022

                                      IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      Dated: 01.03.2022

                                                           Coram:

                              THE HONOURABLE MR.MUNISHWAR NATH BHANDARI, Chief Justice
                                                            and
                                  THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                                   W.A.No.22 of 2022
                                                          and
                                                  C.M.P.No.307 of 2022
                                                           --

                     S.Ramasamy,
                     Proprietor,
                     Pals Restaurant,
                     No.3/306, Nehru Street,
                     Madipakkam, Chennai-600 091.                                 .. Appellant


                                                             Vs.
                     1. The State of Tamil Nadu,
                        Rep. by The Secretary to Government,
                        Home Department,
                        Fort St.George, Chennai.

                     2. The Commissioner of Police,
                        City Police Office, Vepery,
                        Chennai-600 007.

                     3. The Deputy Commissioner of Police (Admin),
                        Triplicane Range, Vepery,
                        Chennai-600 007.

                     4. The Assistant Commissioner of Police,
                        Triplicane Range, Chennai-600 005.



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                                                                                         W.A.No.22 of 2022

                     5. The Inspector of Police,
                        D.1 Triplicane Police Station,
                        Chennai-600 005.                                                    .. Respondents


                                  Writ Appeal filed under Clause 15 of the Letters Patent against the order
                     dated 15.12.2021 passed by the learned Single Judge in W.P.No.328 of 2014 on
                     the file of this Court.


                     For appellant          : Mr.AR.L.Sundaresan, Senior Counsel for M/s.N.Naganathan
                     For respondents : Mr.P.Muthukumar, State Govt. Pleader


                                                        JUDGMENT

(The Judgment of the Court was delivered by The Hon'ble Chief Justice)

The Writ Petition was filed to challenge the show cause notice dated

01.12.2013, but finding that rejection order was passed on 18.06.2021 during

the pendency of the Writ Petition, the Court found that the cause did not exist as

of now and accordingly, the Writ Petition was dismissed by the learned Single

Judge. It is without giving liberty to take the remedy against the said order of

rejection, dated 18.06.2021.

2. It is submitted that liberty be given in the present Writ Appeal to

challenge the order dated 18.06.2021. We find that the cause in reference to

show cause notice no more survived, as final order was passed on 18.06.2021.

The appellant/writ petitioner is, however, given liberty to take remedy against

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the said order, dated 18.06.2021, if he so chooses, subject to the outcome of

connected Writ Appeal in W.A.No.23 of 2022. The present Writ Appeal in

W.A.No.22 of 2022 is accordingly disposed of. No costs. Consequently, C.M.P. is

closed.

                                                                       (M.N.B., CJ)        (D.B.C.J)
                                                                             01.03.2022
                     Speaking Order: Yes/no

                     cs


                     To

1. The Secretary to Government, Home Department, Fort St.George, Chennai.

2. The Commissioner of Police, City Police Office, Vepery, Chennai-600 007.

3. The Deputy Commissioner of Police (Admin), Triplicane Range, Vepery, Chennai-600 007.

4. The Assistant Commissioner of Police, Triplicane Range, Chennai-600 005.

5. The Inspector of Police, D.1 Triplicane Police Station, Chennai-600 005.

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THE HONOURABLE CHIEF JUSTICE and D.BHARATHA CHAKRAVARTHY, J

cs

W.A.No.22 of 2022

01.03.2022

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