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K.Sivanandam vs State Of Tamil Nadu
2023 Latest Caselaw 2104 Mad

Citation : 2023 Latest Caselaw 2104 Mad
Judgement Date : 8 March, 2023

Madras High Court
K.Sivanandam vs State Of Tamil Nadu on 8 March, 2023
                                                                          W.A.(MD)No.1101 of 2012


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 08.03.2023

                                                     CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
                                                          AND
                             THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN

                                            W.A.(MD)No.1101 of 2012
                                                    and
                                             M.P(MD).No.1 of 2012

                     K.Sivanandam                                   ... Appellant/ Petitioner

                                                          Vs.

                     1.State of Tamil Nadu,
                       Represented by its Secretary to Government
                       Department of Rural Development and
                       Panchayat Raj,
                       Fort St.George,
                       Chennai-600 009.

                     2.The Director,
                       Department of Rural Development and
                       Local Administration
                       Panagal Building 4th Floor,
                       Saidapet, Chennai-600 015.

                     3.The Director,
                       Directorate of Local Fund Audit,
                       Kuralagam 4th Floor,
                       Chennai-600 108.


                     1/5


https://www.mhc.tn.gov.in/judis
                                                                                W.A.(MD)No.1101 of 2012


                     4.The Regional Deputy Director,
                       Local Fund Audit,
                       Shenoy Nagar,
                       Madurai-2.

                     5.The Assistant Director,
                       Local Fund Audit,
                       Sivagangai.

                     6.The District Collector,
                       Sivagangai District,
                       Sivagangai.                                        ...Respondents

                     PRAYER: Appeal filed under Clause 15 of Letters Patent, against the
                     order passed by this Court in W.P(MD)No.13380 of 2012 dated 15.10.2012.


                                            For Petitioner   : Mr.V.Karthick Raja,
                                                               for M/s.Ajmal Associates

                                            For Respondents : Mr.A.K.Manickam,
                                                              Special Government Pleader


                                                      JUDGMENT

(Judgment of the Court was made by R.SURESH KUMAR, J.)

The appellant moved the writ petition in W.P(MD)No.13380 of

2012 seeking to quash the order passed by the sixth respondent, dated

30.05.2012, placing him under suspension and not allowing him to retire

https://www.mhc.tn.gov.in/judis W.A.(MD)No.1101 of 2012

from service, though he attained the age of superannuation, which was

dismissed by the order impugned, dated 15.10.2012 by the learned Judge.

2.When this writ appeal is taken up for hearing today,

Mr.A.K.Manickam, learned Special Government Pleader appearing for the

respondents would submit that, subsequently the petitioner/appellant was

permitted to retire from service and in this regard, proceedings were issued

by the District Collector, Sivagangai, ie., the sixth respondent, on

08.06.2017 and a copy of the same has been produced before this Court,

where it is stated as follows:

“Whereas an order placing Thiru.K.Sivanandam, formerly Block Development Officer (B.Pt.), Kanangudi Panchayat Union, Sivaganga District under suspension was issued vide reference 1st cited above with immediate effect.

The undersigned District Collector Sivaganga in exercise of the powers conferred by sub-rule (e)(6) of rule 17 of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, hereby revokes the said order of suspension with immediate effect.”

https://www.mhc.tn.gov.in/judis W.A.(MD)No.1101 of 2012

3.In view of such development, where the plea raised by the

petitioner before the writ Court since has been considered and granted,

nothing survives in this appeal to be decided.

4.Recording the same, this writ appeal is disposed of. No costs.

Consequently, connected miscellaneous petition is closed.



                                                               (R.S.K., J.) & (K.K.R.K, J.)
                                                                        08.03.2023
                     NCC      : Yes / No
                     Index : Yes / No
                     Internet : Yes / No
                     Ns
                     To

1.The Secretary to Government of Tamil Nadu, Department of Home, Fort St. George, Chennai-600 009.

2.The Deputy Inspector General of Prison, Madurai Range, Madurai-625 001.

3.The Superintendent, Central Prison, Palayamkottai.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis W.A.(MD)No.1101 of 2012

R.SURESH KUMAR, J.

AND K.K.RAMAKRISHNAN, J.

Ns

W.A.(MD)No.1101 of 2012 and M.P(MD).No.1 of 2012

08.03.2023

https://www.mhc.tn.gov.in/judis

 
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