Madras High Court
The President vs E.Selvaraj on 6 October, 2023
W.A.No.4188 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.10.2023
CORAM
THE HON'BLE Mr. JUSTICE R.SURESH KUMAR
AND
THE HON'BLE Mr. JUSTICE C.KUMARAPPAN
W.A.No.4188 of 2019
and
C.M.P.No.26057 of 2019
The President
Vellancode Panchayat
Melpuram Panchayat Union,
Kanniyakumari District. ... Appellant
Vs.
1.E.Selvaraj
2.The Government of Tamil Nadu,
Rep. By the Secretary to the Government,
Rural Development Department,
Fort St. George,
Chennai – 600 009.
3.The Director of Rural Development
Panagal Buildings,
Saidapet,
Chennai – 600 015. ... Respondents
Prayer : Appeal filed under Clause 15 of the Letters Patent Act, praying
to set aside the order dated 25.11.2009 made in W.P.No.41210 of 2005.
For Appellant : Mr.M.Murali
Government Advocate
https://www.mhc.tn.gov.in/judis
1/4
W.A.No.4188 of 2019
For Respondents : Mr.P.Manojkumar for R1
: Mr.R.Kumaravel
Addl. Govt. Pleader for R2 & R3
JUDGMENT
(Judgment of the Court was delivered by R.SURESH KUMAR, J.)
This appeal has been directed against the order passed by the Writ
Court dated 25.11.2009 made in W.P.No.41210 of 2005.
2. In fact, before the Writ Court there were four writ petitions i.e.,
W.P.Nos.41207, 41208, 41209 & 41210 of 2005. In all those writ
petitions, the issue was the same and prayers were similar, thus all those
writ petitions were clubbed together and were disposed by a common
order of the Writ Court dated 25.11.2009.
3. Insofar as these four writ petitions are concerned since were
allowed by the said order of the Writ Court dated 25.11.2009, as against
the said common order, four writ appeals have been filed by the
Government in W.A.Nos.1013 to 1016 of 2012.
4. Among the four appeals, W.A.No.1016 of 2012 arising out of
the writ petition in W.P.No.41210 of 2005.
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W.A.No.4188 of 2019
5. All the four appeals were heard together by a Division Bench of
this Court and all those appeals were dismissed by a common order of the
Coordinate Bench of this Court dated 11.08.2016, therefore the order
passed by Writ Court dated 25.11.2009 has been confirmed.
6. While that being so, the 3rd respondent in W.P.No.41210 of
2005 who is the President of the concerned Village Vellancode Panchayat
of Kanyakumari District preferred the present intra Court appeal against
the order passed in W.P.No.41210 of 2005 i.e., the common judgment
made by the Writ Court dated 25.11.2009.
7. Since the very judgment of the Writ Court dated 25.11.2009 has
been confirmed by the Division Bench by order dated 11.08.2016 in
respect of all the four writ petitions including W.P.No.41210 of 2005, the
present appeal also has to face the same fate, hence the appeal is deserved
to be dismissed, accordingly it is dismissed. However, there shall be no
order as to costs.
[R.S.K., J.] [C.K., J.]
06.10.2023
Index : Yes/No
Speaking Order : Yes/No
Neutral Citation: Yes/No
Sgl
https://www.mhc.tn.gov.in/judis
W.A.No.4188 of 2019
R. SURESH KUMAR, J.
and
C.KUMARAPPAN, J.
Sgl
To
1.The Secretary to the Government,
Government of Tamil Nadu,
Rural Development Department,
Fort St. George, Chennai – 600 009.
2.The Director of Rural Development
Panagal Buildings,
Saidapet, Chennai – 600 015.
W.A.No.4188 of 2019
06.10.2023
https://www.mhc.tn.gov.in/judis
