The writ appeal challenging an order regarding denied service benefits to municipal employees was dismissed as infructuous due to a new government order issued during pendency that settled the benefits.
The writ appeal was dismissed as infructuous following a subsequent G.O. that conferred the disputed benefits upon the respondents.
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.
W.A.No.3662 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.09.2023
CORAM
THE HON'BLE Mr. JUSTICE R.SURESH KUMAR AND
THE HON'BLE Mr. JUSTICE K.KUMARESH BABU
W.A.No.3662 of 2019 and C.M.P.No.23322 of 2019
... Appellants
Vs.
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13.R.Alamelu 14.M.Thangaraj 15.G.R.Krishnamoorthy
... Respondents
[RR 5 to 8 are impleaded as per order dated 23.7.1997 in WMP.No.16872/1997]
Prayer : Appeal filed under Clause 15 of the Letters Patent Act, praying to set aside the order dated 28.01.2005 in W.P.No.6635 of 1997.
For Appellant : Mr.K.V.Sajeev Kumar Special Government Pleader
For Respondents : Mr.K.Sridhar for M/s.K.Sridhar Associates for R1, R4, R6, R8 and R9 : Ms.N.Devi for R10
JUDGMENT
(Judgment of the Court was delivered by R.SURESH KUMAR, J.)
This writ appeal has been directed against the order of the Writ Court dated 28.01.2005 made in W.P.No.6635 of 1997. The respondents were the writ petitioners who were the employees of the Salem Municipal Corporation.
of issuance of G.O.Ms.No.237 Municipal Administration and Water
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Supply Department dated 26.09.1996 and thereby such advantages had been given to some other employees other than these respondents. Only in that circumstances, the very G.O.Ms.No.237 itself was questioned by these respondents in the said writ petition which was allowed by the learned Judge through the impugned order dated 28.01.2005.
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developments that has been taken place during the pendency of this writ appeal, the challenge that has been made against the impugned order passed by the Writ Court in this appeal become otiose and hence no further pursuasive action is required in this appeal as it almost has become infructuous.
However, there shall be no order as to costs. Consequently, connected miscellaneous petition is also dismissed.
[R.S.K., J.] [K.B., J.]
05.09.2023
Index : Yes/No Speaking Order : Yes/No Neutral Citation : Yes/No Sgl
To
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The Commissioner, Salem Municipal Commissioner, Salem Corporation, Salem.
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R. SURESH KUMAR, J. and K.KUMARESH BABU, J.
Sgl
W.A.No.3662 of 2019
05.09.2023
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The State of Tamil Nadu rep. By its The Secretary to Government, Municipal Administration and Water Supply Department
The Director of Municipal Administration
M.Ganesan
M.Natarajan
N.Prabakkaran
A.M.Kumar
R.SURESH KUMAR
K. KUMARESH BABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
