G.Malliga v. The District Collector

S.S. SUNDAR , J.

and P. DHANABAL, J.

[Order of the Court was made by S.S. SUNDAR, J.] This Court originally dictated orders on 04.11.2024 in the open Court, allowing the above Writ Appeal filed by the writ petitioner as against the order of the learned Single Judge dated 21.11.2023 dismissing the writ petition in W.P.No.31865 of 2023. However, on that day, there was no representation for the respondents 4 and 5. Before signing the order, learned counsel for the respondents 4 and 5 made a request before this Court to list the matter for hearing them. At the request of the learned counsel for the respondents 4 and 5, the matter is today listed under the caption "for being mentioned".

2.Heard the learned counsel for the respondents 4 and 5. Learned counsel appearing for the respondents 4 and 5 produced before this Court several documents to show that the respondents 4 and 5 have acquired an extent of 78 Cents in S.No.196/2 under two different sale deeds. The subject matter of this lis is the property in S.No.196/3. The

appellant/writ petitioner has produced records to show that the appellant/writ petitioner is entitled to an extent of 14 Cents in S.No.196/3B. However, the learned counsel appearing for the respondents 4 and 5 is unable to show any document or to justify any issue relating to identity of property, which is the subject matter of this Appeal is concerned. Therefore, this Court is unable to find that the respondents 4 and 5 are necessary parties. Therefore, the writ petition without impleading them cannot be dismissed on the ground of nonjoinder of necessary parties. 3.Accordingly, the matter stands clarified and the order dated 04.11.2024 stands.

(S.S.S.R., J.) (P.D.B., J.) 22.11.2024 mkn

S.S. SUNDAR , J.

and P. DHANABAL, J.

mkn

22.11.2024