BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05/01/2011 CORAM THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P.(MD)No.10682 of 2005 K.Thiagaraja Pandian ... Petitioner Vs. 1.The District Collector, Theni, Theni District. 2.The Executive Officer, Special Panchayat, Palanichettipatti, Theni District. ... Respondents Prayer Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to the order passed by the second respondent in his Proceedings Na.Ka.No.65/2005 dated 31.10.2005 and quash the same and further direct the respondents to allow the petitioner to continue in the service till he attain the age of 60 i.e., up to 31.10.2007 with all service and other monetary benefits. !For Petitioner ... Mr.A.Thirumurhty ^For Respondents... Mr.D.Sasikumar, Government Advocate for R1 ... Mr.K.Mahendran for R2 :ORDER
Heard both sides. It is brought to the notice of this Court that the
Second Respondent/Executive Officer, Palanichettipatti, Theni District has
preferred Writ Appeal in W.A.No.1173 of 2004 before the Principal seat at Madras
and on 22.04.2009 this Court as among other things in paragraphs 13 and 14
passed the following order:
“13.Above all these things, as pointed out by both sides, since the first
respondent has already retired from service, at least he must get necessary
monetary benefits pursuant to the regularisation of his job as per the order
passed by the learned single Judge. Needless to say that the appellant should
take necessary steps to comply with the order of the learned Single Judge of
this Court within a period of four weeks from the date of receipt of this
judgment by sending necessary proposal to the Government and on receipt of the
same, the State Government is directed to pass order in terms of G.O.Ms.No.878
dated 15.05.1981 within a period of three months thereafter to enable the first
respondent to get the monetary benefits due to him.
14.The writ appeal is dismissed. No costs. Consequently, connected
W.A.M.P.No.2212 of 2004 is dismissed.”
2.In view of the order passed in W.A.No.1173 of 2004 dated 22.04.2009,
nothing survives for adjudication in the present writ petition in W.P.No.10682
of 2005.
3.In that view of the matter, this writ petition is dismissed. No costs.
gsr
TO
1.The District Collector,
Theni,
Theni District.
2.The Executive Officer,
Special Panchayat,
Palanichettipatti,
Theni District.