Madras High Court
The Secretary To Government vs A.Murali on 1 April, 2025
Author: R. Suresh Kumar
Bench: R. Suresh Kumar
W.A.No.1417 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.04.2025
CORAM :
THE HONOURABLE MR.JUSTICE R. SURESH KUMAR
AND
THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
W.A.No.1417 of 2023
1. The Secretary to Government
Municipal Administration & Water Supply Department
Government of Tamil Nadu
Fort St. George, Chennai – 600 009.
2. The Director of Town Panchayat
Kuralagam, 4th Floor, Chennai – 600 108.
3. The District Collector
Erode District, Erode. .. Appellants
Vs.
1. A.Murali
2. The Executive Officer
Modakurichi Town Panchayat
Erode District – 638 104. .. Respondents
Prayer: Appeal filed under Clause 15 of the Letters Patent, against
the order made in W.P.No.9299 of 2020 dated 15.03.2022.
For the Appellants : Mr.R.Neelakandan
Additional Advocate General
assisted by Mr.M.Murali
Government Advocate
For the Respondents : Mr.M.Guruprasad
for R1
Mr.C.Selvaraj
Additional Government Pleader
for R2
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W.A.No.1417 of 2023
JUDGMENT
(Judgment of the Court was authored by R.SURESH KUMAR, J.)
This intra-Court appeal has been filed by the Secretary to the
Government, Municipal Administration and Water Supply
Department, Government of Tamil Nadu; the Director of Town
Panchayat, Government of Tamil Nadu and the District Collector,
Erode District, against the order passed by the Writ Court dated
15.03.2022 made in W.P.No.9299 of 2020.
2. When this appeal is taken up for hearing,
Mr.R.Neelakandan, learned Additional Advocate General appearing
for the appellants has brought to our notice that the very same
impugned order dated 15.03.2022 has already been questioned in
W.A.No.2748 of 2023 by the Executive Officer, Modakurichi Town
Panchayat, who stood as the fourth respondent in the writ petition
and the said writ appeal W.A.No.2748 of 2023, having been clubbed
along with some other writ appeals of similar cases, were disposed
by the common order passed by the Coordinate Bench of this Court
dated 08.08.2024, whereby, all those writ appeals were allowed,
including W.A.No.2748 of 2023, by thus, the impugned order has
already been set aside.
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3. This position has not been controverted by the learned
counsel appearing for the first respondent/writ petitioner.
4. In view of the aforesaid, since the impugned order has
already been set aside by the common order dated 08.08.2024 in
W.A.No.2748 of 2023 and etc. batch, filed by the fourth respondent
in the writ petition, that is the second respondent herein, this writ
appeal also has to face the same fate.
5. Therefore, this appeal also is allowed in terms of the order
passed by the Coordinate Bench dated 08.08.2024 made in
W.A.No.2748 of 2023 and etc. batch. However, there shall be no
order as to costs. Consequently, C.M.P.No.13857 of 2023 is closed.
(R.S.K., J.) (A.D.M.C., J)
01.04.2025
Neutral Citation:Yes/No
drm
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To:
1. The Secretary to Government
Municipal Administration & Water Supply Department
Government of Tamil Nadu
Fort St. George, Chennai – 600 009.
2. The Director of Town Panchayat
Kuralagam, 4th Floor, Chennai – 600 108.
3. The District Collector
Erode District, Erode.
4. The Executive Officer
Modakurichi Town Panchayat
Erode District – 638 104.
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R. SURESH KUMAR, J.
AND
A.D.MARIA CLETE, J.
(drm)
01.04.2025
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