Partly allowed

The Chief Secretary, v. a.Ilayaraj Athmanathan

Madras HC4 Aug 2023WA(MD)/1153/2015

Case brief

AI extract

What is this about?

The Division Bench dismissed the writ appeal automatically after it remained non-compliant with previous directions of 26.06.2018 regarding batta payment. The Court granted liberty subject to a donation to legal aid and a senior citizen home.

What did the court decide?

Liberty granted to appellants to enforce order dated 23.12.2009 subject to deposit of Rs.50,000 with Legal Aid and Rojavanam.

The Chief Secretary, Vs a.Ilayaraj Athmanathan — Pension and Retirement Benefits | Madras HC (2023)

¶1

W.A.(MD)No.1153 of 2015

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED: 04.08.2023

¶4

CORAM:

¶5

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND

¶6

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

¶7

W.A.(MD)No.1153 of 2015 and M.P.(MD)No.1 of 2015

¶8

1.The Chief Secretary,

¶9

Tamil Nadu Uniformed Services Recruitment Board, Chennai.

¶10

2.The Chairman cum

¶11

Director General of Police, Tamil Nadu Uniformed Services Recruitment Board, Chennai.

¶12

3.The Member Secretary cum

¶13

Inspector General of Police, Tamil Nadu Uniformed Services Recruitment Board, Chennai.

¶14

4.The Member cum

¶15

Additional Director General of Police, Tamil Nadu Uniformed Services Recruitment Board, Chennai.

¶16

...Appellants

¶17

1/5

¶18

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

¶19

/Vs./

¶20

W.A.(MD)No.1153 of 2015

¶21

A.Ilayaraja Athmanathan ...Respondent

¶22

PRAYER:- Writ Appeal - filed under Clause XV of Letters Patent Act, to allow this writ appeal preferred against the order dated 23.12.2009 passed in W.P.(MD)No.14149 of 2009.

¶23

For Appellants : Mr.Veera Kathiravan Additional Advocate General For Respondent : No appearance

¶24

JUDGMENT

¶25

(Judgment of the Court was made by DR.ANITA SUMANTH, J.)

¶26

This matter was listed on 26.06.2018 along with several other

¶27

matters in the additional list. Then Division bench, of which, one of us,

¶28

Dr.Justice Anita Sumanth was part, has passed the following order:-

¶29

“The appellant (s) / petitioner (s) is / are directed to pay batta/take steps with the petition and comply with the defects pointed out by the Registry on or before 10.07.2018, failing which the concerned appeal(s)/Petition(s) shall stand dismissed automatically in respect of the sole respondent in whose favour batta/steps is due.”

¶30

2/5

¶31

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

¶32

W.A.(MD)No.1153 of 2015

¶33

The service report reveals that there has been no compliance

¶34

with the directions of this Court. Batta was not paid and steps were not taken and hence, directions under order dated 26.06.2018 would stand triggered, as per which, this writ appeal would be dismissed as on 10.07.2018. With the dismissal of the writ appeal automatically on 10.07.2018, nothing survives in this appeal as on date. We have only to record the same and we do so. It is reiterated that the writ appeal is dismissed.

¶35

Learned Additional Advocate General requests that if at all, a request is made by the writ petitioner for enforcement of order dated 23.12.2009, the appellants may have the liberty of considering such request in light of the judgment of the Division Bench of this Court in W.A.(MD)No.1719 of 2010 etc., batch dated 23.12.2010.

¶36

Liberty is granted subject to the appellants making donation of a sum of Rs.50,000/- (Rupees Fifty Thousand only) in equal portions

¶37

3/5

¶38

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

¶39

W.A.(MD)No.1153 of 2015

¶40

(i.e.,25,000/- each) to the credit of (i) 'High Court Legal Aid Services Committee' and (ii) Rojavanam, Senior Citizen Home run by the Corporation of Madurai (Account No.6481560540, Indian Bank, Madurai Bench of Madras High Court, Madurai) within two weeks from date of receipt of this order. Memo of compliance with proof of donations be placed on to record. Connected Miscellaneous Petition is closed.

¶41

[A.S.M.J.,] & [R.V.J.,] 04.08.2023

¶42

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

¶43

Note: Registry directed to circulate the memo & enclosures to the Bench in Chambers.

¶44

4/5

¶45

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

¶46

W.A.(MD)No.1153 of 2015

¶47

DR.ANITA SUMANTH, J. AND R.VIJAYAKUMAR, J.

¶48

¶49

Judgment made in W.A.(MD)No.1153 of 2015

¶50

Dated: 04.08.2023

¶51

5/5

¶52

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

The Chief Secretary, v. a.Ilayaraj Athmanathan

Case brief

What is this about?

What did the court decide?

The Chief Secretary, v. a.Ilayaraj Athmanathan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Dr.R.Sakthivel, Vs the Syndicat

S.Rajarajeshwari Vs K.Subramanian

Jayakumar (Died) Vs the Branch Manager

K.Nagarajan Vs M.Jeeva

D.Amirtharaj Kani, Vs the Executive Officer

The Secretary to Government, Vs N.Priya