Madras High Court
The Chief Secretary vs A.Ilayaraja Athmanathan on 29 September, 2023
REV.APLC.(MD)No.78 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.09.2023
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
AND
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
REV.APLC.(MD)No.78 of 2023
1.The Chief Secretary,
Tamil Nadu Uniformed Services Recruitment Board,
Chennai.
2.The Chairman cum
Director General of Police,
Tamil Nadu Uniformed Services Recruitment Board,
Chennai.
3.The Member Secretary cum
Inspector General of Police,
Tamil Nadu Uniformed Services Recruitment Board,
Chennai.
4.The Member cum
Additional Director General of Police,
Tamil Nadu Uniformed Services Recruitment Board,
Chennai. ...Review Applicants
/Vs./
A.Ilayaraja Athmanathan ...Respondent
1/6
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REV.APLC.(MD)No.78 of 2023
PRAYER: Review Application - filed under Order 47 Rule 1 r/w 114 of
the Civil Procedure Code to review the order dated 04.08.2023 made in
W.A.(MD)No.1153 of 2015.
For Review
Applicants : Mr.Veera Kathiravan
Additional Advocate General
assisted by Mr.T.Amjad Khan
Government Advocate
ORDER
(Order of the Court was made by DR.ANITA SUMANTH , J.)
This review application has been filed by the State to bring to
the notice of the Court that batta has been paid in respect of service on
the sole respondent.
2.We had vide order dated 04.08.2023 reiterated the dismissal
of the writ appeal on 26.06.2018. The dismissal was premised on the fact
that on 26.06.2018, the State was asked to take steps to complete service
on or before 10.07.2018 failing which the writ appeal shall stand
dismissed in limine.
3.On 04.08.2023, the dismissal was reiterated as no material
was placed before us in regard to compliance with order dated
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REV.APLC.(MD)No.78 of 2023
26.06.2018. Thereafter, the State appears to have noticed that batta had
in fact been remitted on 10.07.2018 per order of the Court dated
26.06.2018 under S.R.No.27231 of 2018.
4.The appeal challenged the order of the writ Court allowing
the writ petition on 23.12.2009. In that writ appeal, the main ground of
the State was that the case of other petitioners under the common
judgment dated 23.12.2010 had been considered by the Division Bench
of this Court in W.A.(MD)No.1719 of 2010 on 23.12.2021 and answered
in favour of the State.
5.Thus the State wanted the benefit of that order in the present
writ appeal as well. In fact at para 3 of the order dated 04.08.2023,
which is sought to be reviewed in the present review petition, we have
stated as follows:
“3.Learned Additional Advocate General requests
that if at all, a request is made by the writ petitioner for
enforcement of order dated 23.12.2009, the appellants may
have the liberty of considering such request in light of the
judgment of the Division Bench of this Court in W.A.(MD)No.
1719 of 2010 etc., batch dated 23.12.2010.”
6.Thus the State had obtained the benefit that they sought for in
appeal, despite dismissal of the same. Now, we have found that no
ground for review has been made out, insofar as the SR number that is
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REV.APLC.(MD)No.78 of 2023
now given before us could well have been produced even on 04.08.2023,
but was not. In fact, had the State entertained any doubt at that point in
time that direction in order dated 26.06.2018 had been complied with,
time could have been sought before the Bench, but no such request was
made.
7.However, the second limb of Order 47 Rule 3 of the CPC
does give the Court sufficient elbow room to consider other
circumstances under which review may be considered. Bearing in mind
the facts and circumstances of this case, we allow the present review
petition and as a consequence the writ appeal as well, however reiterating
the direction for donation at para 4 of the order dated 04.08.2023 for
immediate compliance.
[A.S.M.J.,] & [R.V.J.,]
29.09.2023
NCC :Yes/No
Index :Yes/No
Internet :Yes
ta
https://www.mhc.tn.gov.in/judis
REV.APLC.(MD)No.78 of 2023
To
The Presiding Officer,
Labour Court,
Tirunelveli.
https://www.mhc.tn.gov.in/judis
REV.APLC.(MD)No.78 of 2023
DR.ANITA SUMANTH, J.
AND
R.VIJAYAKUMAR, J.
ta
Order made in
REV.APLC.(MD)No.78 of 2023
Dated:
29.09.2023
https://www.mhc.tn.gov.in/judis
