IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.09.2010 CORAM THE HON'BLE MR.JUSTICE N.PAUL VASANTHAKUMAR REVIEW APPLICATION NO. 101 OF 2010 S.Vaikundam ..Petitioner Vs. 1.The State of Tamil Nadu represented by the Principal Commissioner and Commissioner for Revenue Administration Chepauk, Madras-5. 2.The District Collector Tirunelveli District. ..Respondents For Petitioner : Mr.V.Raghavachari For Respondents : Mr.S.Sivashanmugam, Government Advocate Prayer: Review application against the order dated 29.04.2009 passed by this court in W.P.No.43372/2006. ORDER
This Review Application is filed seeking to review the order passed in W.P.No.43372 of 2006, dated 29.04.2009, permitting the petitioner to withdraw the writ petition filed challenging the order of termination dated 19.04.2009 passed against the petitioner. The said order dated 29.04.2009 was passed granting permission to the petitioner to withdraw the Writ Petition on the basis of the letter written by the learned counsel for the petitioner dated 24.04.2009, addressed to the Registrar Judicial. The contents of the said letter reads as follows:-
“As per the instructions given by our client annexed herewith please direct the office to post the above writ petition in the caption for withdrawal”.
2. The learned counsel for the petitioner submits that in view of the withdrawal of the Writ Petition, the petitioner’s request seeking regularisation is not being considered and therefore, the Writ Petition has to be necessarily argued on merits and by oversight, believing the words of the respondents, the petitioner has wrongly gave instruction to the learned counsel for the petitioner to withdraw the writ petition, based on which, the writ petition was withdrawn.
3. Taking note of the said circumstances and having regard to the fact that the termination order dated 19.04.1999 has to be gone into on merits and to give further relief, if any, to the petitioner, the Writ Petition has to be necessarily decided on merits. The order dated 29.04.2009 is recalled and the Review Application is allowed and the Writ Petition No. 43372 of 2006, is restored to file.
23.09.2010
paa
Note: Post the Writ Petition
No. 43372/06 for final
disposal on 30.09.2010.
To
1.The State of Tamil Nadu
represented by the Principal
Commissioner and Commissioner for
Revenue Administration
Chepauk, Madras-5.
2.The District Collector
Tirunelveli District.
N.PAUL VASANTHAKUMAR,J
paa
REVIEW APPLICATION
NO.101/2010
23.09.2010