On a petition for an interim stay order in a writ appeal, the court held that since the respondent had continued in service under a previous interim order, the question of granting a fresh stay did not arise, and the petition was dismissed.
The petition for interim stay was dismissed as the respondent was already in service under a prior interim order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Wednesday, the Second day of June Two Thousand and Twenty One
PRESENT
The Hon'ble Mr.Justice T.S.SIVAGNANAM and
The Hon'ble Mrs.Justice S.ANANTHI
CMP(MD) No.4268 of 2021 IN
WA(MD)No.939 of 2021
THE PRESIDENT, P.VIRALIPATTI PANCHAYAT, BATLAGUNDU UNION,
DINDIGUL DISTRICT. ... PETITIONER/APPELLANT
Vs
1 R.PRABHU
Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to grant an Order of Stay, for staying all further proceedings of the impugned order dated 07.10.2020 made in W.P.(MD).No.12038 of 2009 on the file of this Hon'ble High Court.
Prayer in WA(MD)No.939/2021 :
Writ Appeal as against the order dated 07.10.2020 made in W.P. https://hcservices.ecourts.gov.in/hcservices/ (MD).No.12038 of 2009 on the file of this Hon'ble High Court.
2
Prayer in WP(MD)No.12038/2009 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the impugned order passed by the 2nd respondent in his proceedings Na.Ka.No.2149/2009/B2 dated 13/11/2009 and quash the same as illegal.
ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.M.S.JEYAKARTHICK, Advocate for the petitioner, while admitting the Writ Appeal, the Court made the following order:-
Since, the respondent/Writ Petitioner had the benefit of interim order during the pendency of the Writ Petition, he continued in service and even as on date, he is continuing in service. Therefore, the question of grant of an order of interim stay does not arise.
Hence, this petition is dismissed.
sd/02/06/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1 THE DISTRICT COLLECTOR, DINDIGUL DISTRICT, DINDIGUL.
2 THE BLOCK DEVELOPMENT OFFICER, BATLAGUNDU PANCHAYAT UNION, BATLAGUNDU, DINDIGUL DISTRICT.
ORDER
IN CMP(MD) No.4268 of 2021 IN WA(MD)No.939 of 2021 Date :02/06/2021 MR TE/VR/SAR-I : 04/06/2021 : 2P/3C
1 issue framed by the court
Whether an interim stay order should be granted in a pending writ appeal regarding service matters.
P. Virali Pattai Panchayat
R. Prabhu
The District Collector
The Block Development Officer
R.C. Manoharan
T.S. Sivagnanam
S. Ananthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
