The Commanding Officer vs _________
2024 Latest Caselaw 7539 Mad

Madras High Court

The Commanding Officer vs _________ on 5 April, 2024

Author: N.Seshasayee

Bench: N. Seshasayee

                                                                           W.A(MD)No.547 of 2018

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 05.04.2024

                                                      CORAM

                                            JUSTICE N. SESHASAYEE
                                                      and
                                             JUSTICE P.VADAMALAI

                                             W.A(MD) No.547 of 2018
                                                     and
                                            C.M.P(MD)No.3112 of 2018


                     1.The Commanding Officer,
                       Tamil Nadu Bataliyan (NCC),
                       No.6, College Road,
                       Virudhunagar.

                     2.The Commercial Tax Officer(Enforcement),
                       Commercial Taxes Department,
                       Virudhunagar.

                     3.The Superintending Engineer,
                       Public Works Department,
                       Virudhunagar.

                     4.The Executive Engineer,
                       (Buildings Maintenance),
                       Public Works Department,
                       Virudhunagar                      ... Appellants/Respondents

                                                       Vs.



                     _________
                     Page 1 of 5



https://www.mhc.tn.gov.in/judis
                                                                                   W.A(MD)No.547 of 2018

                     1.S.Chellasamy
                     2.L.Ramasamy
                     3.K.Subbaiah
                     4.P.Rajendran
                     5.S.Kondusamy                              ... Respondents/Petitioners

                     (The petitioners/appellants seek remedy
                     against the 5th respondent only not against
                     the other respondents (R1 to R4) they are
                     only formal parties. Hence, no notice is
                     essential against them. Hence, the notice may
                     be dispensed against the respondents 1 to 4)

                     Prayer: Appeal filed under Clause 15 of the Letters Patent, against the order
                     dated 01.07.2013 passed in W.P(MD)No.10405 of 2013.

                                   For Appellants     :Mr.A.Baskar,
                                                      Additional Government Pleader

                                   For R-1 to R-4     :Mr.S.Visvalingam


                                                         JUDGMENT

(Judgment of the Court was delivered by N.Seshasayee, J.)

This writ appeal is preferred challenging the order of a learned Single Judge,

dated 01.07.2013 passed in W.P(MD)No.10405 of 2013.

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2. The learned Additional Government Pleader makes a statement that the

controversy raised in this writ appeal has been settled by the Hon’ble

Supreme Court in P.Singaravelan & Others etc., v. the District Collector,

Tiruppur and others in Civil Appeal Nos.9533 – 9537 of 2019, dated

18.12.2019 and that, in view of the same, nothing survives for consideration

in this writ appeal.

3. The said statement is recorded and the writ appeal is closed. No Costs.

Consequently, connected Miscellaneous Petition is closed.

(N.S.S., J.) (P.V.M., J.) 05.04.2024

NCC : Yes/No Index : Yes/No Internet : Yes

PM

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

To

1.The Commanding Officer, Tamil Nadu Bataliyan (NCC), No.6, College Road, Virudhunagar.

2.The Commercial Tax Officer(Enforcement), Commercial Taxes Department, Virudhunagar.

3.The Superintending Engineer, Public Works Department, Virudhunagar.

4.The Executive Engineer, (Buildings Maintenance), Public Works Department, Virudhunagar.

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

N. SESHASAYEE, J.

and P.VADAMALAI, J.

PM

05 .04.2024

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