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The State of Tamil Nadu v. the Correspondent

Madras HC9 Feb 2026WA(MD)/403/2021

Case brief

AI extract

What is this about?

St.Antony's Higher Secondary School Kanyakumari; State of Tamil Nadu Department of School Education; W.A.(MD)No.403 of 2021; W.P.(MD)No.4549 of 2017 order dated 23.04.2019 set aside; W.A.(MD)No.1494 of 2017 dated 01.03.2018 set aside by Hon'ble Supreme Court in Civil Appeal No.12310 of 2024; remitted to learned Single Judge for fresh disposal; Registry to place before roster Judge; Clause XV Letters Patent; no costs; connected C.M.P.(MD)No.1487 of 2021 closed; Madurai Bench of Madras High Court; G.R.Swaminathan and R.Kalaimathi, JJ.

What did the court decide?

Impugned order dated 23.04.2019 in W.P.(MD)No.4549 of 2017 set aside; matter remitted to the learned Single Judge for fresh disposal, with the Registry directed to place the writ petition before the roster Judge; no costs; connected C.M.P.(MD)No.1487 of 2021 closed. ¶33

The State of Tamil Nadu Vs the Correspondent — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether, given that the Hon'ble Supreme Court set aside the Division Bench decision (W.A.(MD)No.1494 of 2017 dated 01.03.2018) on which the Single Judge's order solely relied, the writ appeal warrants setting aside the impugned order and remitting the matter for fresh consideration.

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Court's answer

Following the Supreme Court's setting aside of the Division Bench decision in W.A.(MD)No.1494 of 2017 dated 01.03.2018, the basis of the impugned Single Judge order was totally undermined, warranting remand rather than adjudication on merits in this appeal.

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Ratio / Principle

Since learned senior counsel for the respondent stated he had other submissions to urge in support of his case, the matter had to go back to the learned Single Judge for fresh consideration and disposal.

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Key takeaways

The order impugned in the writ appeal (dated 23.04.2019 in W.P.(MD)No.4549 of 2017) is set aside and the matter is remitted to the file of the learned Single Judge for fresh disposal.ratio¶32
The Registry shall place the writ petition before the learned Single Judge holding the roster.ratio¶32

Detailed headnote1 paragraphs

Writ Appeal under Clause XV of Letters Patent by five State education authorities against the order dated 23.04.2019 in W.P.(MD)No.4549 of 2017, which had relied solely on the Division Bench decision dated 01.03.2018 in W.A.(MD)No.1494 of 2017. It was brought to the Court's notice that the State's Civil Appeal No.12310 of 2024 before the Hon'ble Supreme Court had succeeded and the Hon'ble Supreme Court had set aside that Division Bench decision, thereby totally undermining the foundation of the impugned order. As learned senior counsel for the respondent indicated further submissions, the Division Bench (G.R.Swaminathan and R.Kalaimathi, JJ.) set aside the impugned order and remitted the matter to the learned Single Judge for fresh disposal, directing the Registry to place the writ petition before the roster Judge. Writ appeal disposed of without costs; connected C.M.P.(MD)No.1487 of 2021 closed.

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W.A.(MD)No.403 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 09.02.2026

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MRS.JUSTICE R.KALAIMATHI

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W.A.(MD)No.403 of 2021 and

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C.M.P.(MD)No.1487 of 2021

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1.The State of Tamil Nadu, Represented by its Secretary, Department of School Education, St.George Fort, Chennai - 600 009.

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2.The Director of School Education, College Road, Chennai - 600 006.

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3.The Joint Director of School Education (Vocational), College Road, Chennai - 600 006.

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4.The Chief Educational Officer, Nagercoil, Kanykumari District.

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5.The District Educational Officer, Nagercoil, Kanyakumari District.

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... Appellants

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Vs.

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The Correspondent, St.Antony's Higher Secondary School, Kanyakumari - 629 702, Kanyakumari District.

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... Respondent

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1/6

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

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W.A.(MD)No.403 of 2021

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Prayer

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Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal by setting aside the order passed in W.P.(MD).No.4549 of 2017 dated 23.04.2019 on the file of this Court.

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For Appellants : Mr.R.Baskaran, Addl. Advocate General, Assisted by Mr.T.Amjadkhan, Government Advocate.

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For Respondent : Mr.Isaac Mohanlal, Senior Counsel, For M/s.Isaac Chambers.

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JUDGMENT

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(By G.R.SWAMINATHAN, J.)

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The State has filed this writ appeal assailing the order dated 23.04.2019 made in W.P.(MD)No.4549 of 2017. A mere look at the said order would show that it relies solely on the order dated 01.03.2018 made in W.A.(MD)No.1494 of 2017. It is now brought to our notice that the State has filed Civil Appeal No.12310 of 2024 before the Hon'ble Supreme Court questioning the aforesaid decision of the Hon'ble Division Bench dated 01.03.2018 in W.A.(MD)No.1494 of 2017. The Hon'ble Supreme Court set aside the order passed by the Hon'ble

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2/6

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

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W.A.(MD)No.403 of 2021

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Division Bench. Thus, the basis on which the impugned order passed by

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the learned Single Judge has been totally undermined. The learned senior counsel states that he has other submissions to urge in support of his case. If that be so, the matter will have to go before the learned Single Judge for fresh consideration and disposal.

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2.In this view of the matter, the order impugned in the writ appeal is set aside and the matter is remitted to the file of the learned Single Judge for fresh disposal. The Registry shall place the writ petition before the learned Single Judge holding the roster.

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3.This writ appeal is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

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(G.R.S. J.,) & (R.K.M. J.,)

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09.02.2026

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NCC : Yes/No Index : Yes / No Internet : Yes/ No ias

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3/6

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