High CourtsSingle Bench(2007) 11 MAD CK 0176

Pacha Gounder and Thayammal vs The Government of Tamil Nadu

Madras High Court · Decided on 23 November 2007

HON’BLE JUDGES
M. Jaichandren, J
RESULT
Dismissed
CASE NUMBER
Writ Petition No. 14587 of 1999

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Judgment

10 paragraphs · 181 words

M. Jaichandren, J.—Heard Mr. K. Kalyanasundaram the learned counsels appearing for the petitioners and Mr. V. Manoharan, the learned

Government Advocate appearing for the respondents.

2.

At the stage of the hearing of the writ petition, it is brought to the notice of this Court that the issue involved in the present writ petition is

covered by an order of a Division Bench of this Court, in Rajasheriff v. The Government of Tamil Nadu and Anr. 2001 (4) CTC 577.

3.

Paragraph 51 of the said order reads as follows:

51.

The new Section 23A, constituting as it does an impermissible in road into the judicial field with the legislature seeking to exercise judicial

power, and also being violative of the petitioners'' right to non-arbitrary, non-discriminatory, and equal treatment under the law, the same is liable

to be, and is struck down as unconstitutional.

4.

In view of the said decision of the Division Bench of this Court, no further orders are required to be passed in the above writ petition. Hence,

the writ petition is dismissed as infructuous. No costs.