Allowed

The Director of Rural Development v. Sivalingam.C

Madras HC15 Sept 2023WMP(MD)/18940/2023

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court recalled the bailable warrant issued against the petitioner on September 12, 2023, in an interest of justice, upon hearing arguments and perusing the affidavit filed in support of the recall.

What did the court decide?

Bailable warrant issued against the petitioner on 12.09.2023 is recalled and W.M.P(MD) No.18940 of 2023 is allowed.

The Director of Rural Development Vs… — Civil Procedure and Limitation | Madras HC (2023)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Friday, the Fifteenth day of September Two Thousand and Twenty Three PRESENT

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The Hon`ble Mr.Justice BATTU DEVANAND

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WMP(MD) No.18940 of 2023 IN

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WP(MD) No.10443 of 2016

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THE DIRECTOR OF RURAL DEVELOPMENT, PANAGAL BUILDING, SAIDAPET, CHENNAI-600 015. ... PETITIONER/PETITIONER/2^nd RESPONDENT

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1 SIVALINGAM.C ... RESPONDENT/RESPONDENT/PETITIONER

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2 THE GOVERNMENT OF TAMIL NADU REP. BY ITS SECRETARY, RURAL DEVELOPMENT DEPARTMENT, FORT ST. GEORGE, SECRETARIAT, CHENNAI-600 009. ... 2^nd RESPONDENT/2^nd RESPONDENT/1^st RESPONDENT

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3 THE DISTRICT COLLECTOR/ INSPECTOR OF PANCHAYATS, PUDUKOTTAI DISTRICT, PUTHUKOTTAI. ... 3^rd RESPONDENT/3^rd RESPONDENT/3^rd RESPONDENT

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4 THE BLOCK DEVELOPMENT OFFICER, ANNAVASAL PANCHAYAT UNION, PUTHUKOTTAI DISTRICT.

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... 4^th RESPONDENT/4^th RESPONDENT/4^th RESPONDENT

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

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Writ Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to recall the Warrant ordered in WMP(MD).No.18492 of 2023 in WP(MD).No. 10443 of 2016 dated 12.09.2023.

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Prayer in WP(MD). 10443/ 2016 :

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Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to regularize the service of the petitioner as watchman from the date of his initial appointment by absorbing him in the time scale of pay in any one of the existing vacancies under their control and to grant all consequential service and monetary benefits.

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ORDER : This Writ Miscellaneous 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.VEERAKATHIRAVAN, Additional Advocate General assisted by Mr.P.SUBBARAJ, Special Government Pleader for the petitioner, the Court made the following order:-

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On 12.09.2023, while dismissing W.M.P(MD)No.18492 of 2023 filed by the

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petitioner herein, this Court issued bailable warrant against the petitioner/R2. The present miscellaneous petition is filed to recall the warrant issued by order dated 12.09.2023.

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2. Heard Mr.Veerakathiravan, learned Additional Advocate General and

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perused the averments made in the accompanying affidavit.

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3. The petitioner herein is also present before this Court.

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4. Considering the facts and circumstances of the case and the averments made

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in the accompanying affidavit, this Court satisfied to recall the warrant issued against

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the petitioner on 12.09.2023 in the interest of justice.

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

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5. Accordingly, W.M.P(MD)No.18940 of 2023 is allowed and bailable warrant

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issued against the petitioner herein on 12.09.2023 is recalled.

sd/15/09/2023

/ TRUE COPY /

/09/2023

Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

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1 THE SECRETARY, GOVERNMENT OF TAMIL NADU RURAL DEVELOPMENT DEPARTMENT, FORT ST. GEORGE, SECRETARIAT, CHENNAI-600 009.

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2 THE DISTRICT COLLECTOR/ INSPECTOR OF PANCHAYATS, PUDUKOTTAI DISTRICT, PUTHUKOTTAI.

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3 THE BLOCK DEVELOPMENT OFFICER, ANNAVASAL PANCHAYAT UNION, PUTHUKOTTAI DISTRICT.

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4 THE DIRECTOR OF RURAL DEVELOPMENT, PANAGAL BUILDING, SAIDAPET, CHENNAI-600 015.

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

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COPY TO: THE COMMISSIONER OF POLICE, CHENNAI.

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ORDER IN WMP(MD) No.18940 of 2023 IN WP(MD) No.10443 of 2016 Date :15/09/2023

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SS/DD/20/09/2023/4P/6C

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Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023

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

The Director of Rural Development v. Sivalingam.C

Case brief

What is this about?

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The Director of Rural Development v. Sivalingam.C

Case brief

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