The State Of Tamil Nadu vs A.Govindan
2024 Latest Caselaw 2128 Mad

Madras High Court

The State Of Tamil Nadu vs A.Govindan on 1 February, 2024

Author: D.Krishnakumar

Bench: D.Krishnakumar, R.Vijayakumar

                                                                           W.A.(MD) No.95 of 2024



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 01.02.2024

                                                     CORAM:

                                  THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
                                                     and
                                   THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR


                                              W.A.(MD) No.95 of 2024
                                           and C.M.P.(MD) No.898 of 2024


                 1.The State of Tamil Nadu,
                   Represented by its Principal Secretary,
                   Health and Family Welfare (N1) Department,
                   Fort St. George,
                   Chennai - 600 009.

                 2.The Director of Public Health and
                     Preventive Medicine,
                   O/o. the Director of Public Health and
                    Preventive Medicine,
                   Chennai - 600 006.                                       ... Appellants

                                                        -vs-

                 A.Govindan                                                 ... Respondent




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                                                                                      W.A.(MD) No.95 of 2024



                 PRAYER: Writ Appeal filed under Clause 15 of Letters Patent to set aside the

                 order dated 22.02.2023 made in W.P(MD).No.3910 of 2016.


                                  For Appellants        :     Mr.S.P.Maharajan,
                                                              Special Govt. Pleader

                                  For Respondent        :     Mr.G.Karthick


                                                       JUDGMENT

[Judgment of the Court was delivered by D.KRISHNAKUMAR, J.]

Challenging the order passed by this Court in W.P(MD).No.3910 of

2016, dated 22.02.2023, the appellants have filed this Writ Appeal.

2. Heard the submissions of learned Special Government Pleader

appearing for the appellants and the learned counsel appearing for the respondent

and perused the materials available on record.

3. On a perusal of the impugned order it is seen that the Writ Court has

not passed any positive direction to the appellants and only directed the

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appellants to reconsider the case of the respondent in the light of the order dated

14.02.2020 passed by the appellants. Further, the Writ Court has not passed the

said order on merits. Therefore, it is for the appellants to consider the case of the

respondent by taking into consideration of the order dated 14.02.2020, if the

respondent is otherwise eligible.

4. In view of the above, we are of the view that the appellants have filed

this Writ Appeal unnecessarily and therefore, the Writ Appeal fails and the same

is liable to be dismissed.

5. Accordingly, this Writ Appeal is dismissed. There shall be no order

as to costs. Consequently, connected miscellaneous petition is closed.

                                                                      [D.K.K., J.]    [R.V., J.]
                 vsm                                                        01.02.2024
                 NCC              : Yes / No
                 Index            : Yes / No




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D.KRISHNAKUMAR, J.

and R.VIJAYAKUMAR, J.

vsm

and

01.02.2024

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