(1.) In view of separate judgments delivered in A.S. No. 69/ 2003 and Cross Objection No. 40/2003 by P.Shanmugam, J., and R. Banumathi, J., the same was referred to the learned single Judge, K. Govindarajan, J.,(one of us) by the order of My Lord, The Hon'ble. The Chief Justice, dated 15.3.2004.
(2.) K. Govindarajan, J., in his judgment dated 25.3.2004, concurred with the judgment of P. Shanmugam, J.
(3.) Hence, the appeal in A.S. No. 69/2003 is allowed. Cross Objection 40/2003 is dismissed. C.M.P. Nos. 1026,4906 and 10324 of 2003 are closed. C.M.P. No. 10477/2003 is rejected. No costs.