S.Saran Kumar v. P.Kannan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.01.2020 CORAM :

The Hon'ble Mr.A.P.SAHI, THE CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE SUBRAMONIUM PRASAD W.A.No.126 Of 2020 and CMP No.1779 of 2020 S. Saran Kumar .. Appellant -vs1. P. Kannan

2. The State of Tamil Nadu represented by its Principal Secretary, Rural Development and Panchayat Raj Department Fort St. George, Chennai - 600 009.

3. The District Collector, Coimbatore District Coimbatore

4. The Special Officer / Block Development Officer (V.P) Thondamuthur Panchayat Pollachi South Panchayat Union Coimbatore District .. Respondents Writ Appeal filed under Clause 15 of Letters Patent against the order passed in W.P.No.9780 of 2019 dated 19.11.2019. WP.No.9780 of 2019:Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records of the Impugned order made in Na.Ka.No.403/2018/B1 dated 08.03.2019 on the file of the 3rd respondent quash the same and further direct the 3rd respondent to appoint the petitioner as Panchayat Secretary of Thondamuthur Panchayat For appellant : Mr.A. Muthukumar

JUDGMENT

( Delivered by The Hon'ble Chief Justice) Heard learned counsel for the appellant.

2. The contention raised is that even though the appellant had engaged a counsel, his non-appearance before the learned Single Judge resulted in prejudice inasmuch as the appellant has ample evidence in his support to indicate that he is the resident of the same village.

3. We, in exercise power of intra court appeal, would not prefer to entertain any additional evidence, more so, in the given facts and circumstances of the case, where the appellant himself has defaulted in not appearing before the learned Single Judge. The remedy in our opinion would be to file Review Application before the learned Single Judge.

4. Accordingly, without commenting upon the merits of the case, we permit the learned counsel for the appellant to withdraw the appeal and file a Review Application.

5. Accordingly, the writ appeal is dismissed as withdrawn with liberty to the appellant to file Review Application before the learned Single Judge. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CS I ) /true copy/ Sub Asst. Registrar sr To

1. The Principal Secretary, State of Tamil Nadu, Rural Development and Panchayat Raj Department Fort St. George, Chennai - 600 009.

2. The District Collector, Coimbatore District Coimbatore

3. The Special Officer / Block Development Officer (V.P) Thondamuthur Panchayat Pollachi South Panchayat Union Coimbatore District +1 cc to M/s.A.Muthukumar advocate sr6141 dt 19/02/2020 W.A.No.126 of 2020 aa17/02/2020 aa19/02/2020