Madras High CourtWMP/7283/2023dismissed

S.Vijayakumar v. R.V.Balaji

2023-04-12Honourable Mr Justice R. Suresh Kumar3 pages

WMP No.7283 of 2023 in WP No.25658 of 2022 R.SURESH KUMAR,J.

This petition has been filed by a third party, ie., the petitioner one Mr.S.Vijayakumar seeking leave of this Court to recall the order dated 20.12.2022 passed by this Court in the aforesaid writ petition. 2.W.P.No.25658/2022 was heard and disposed vide order dated 20.12.2022.

3.In the said writ petition, the District Registrar, Salem West, Salem and the Joint Sub Registrar No.III,Salem were the parties. The refusal check slip issued by the 2nd respondent against the writ petitioner was under challenge in the writ petition. Having considered the reason given by the second respondent in the writ petition, the said impugned order was set aside and a direction also was given by the order dated 20.12.2022.

4.Now, in order to recall the said order, the third party application has been filed and since the present petitioner is not a party in the main writ petition he wanted to get leave. But couching both the prayers, the petitioner seeks a prayer to grant leave to recall the order dated 20.12.2022. 1/3

5.First of all, in the said writ petition, the impugned order passed by the 2nd respondent on its own reason was considered and decided in favour of the writ petitioner.

6.If at all the petitioner herein, who is the third party, has got any grievance over the said order, since he is not a party to the writ petition, he can work out his remedy in the manner known to law.

7.However, he cannot seek for a relief to recall the said order as absolutely there has been no reason to recall the order dated 20.12.2022, because, in that order the reason given by the second respondent Sub Registrar was considered to be infirm and accordingly it was set aside and consequential direction that too on condition was given to the second respondent Registering authority. 8.In view of the afore-stated, this Court feels that the leave petition filed, ie., WMP No.7283/2023 need not be entertained and therefore, the same is liable to be rejected. Accordingly, it is dismissed. 12.04.2023 RR 2/3

R.SURESH KUMAR, J.

RR WMP No.7283 of 2023 in WP No.25658 of 2022 12.04.2023 3/3