M.Chellappan v. L.Sivarajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.06.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.A No.1080 of 2023 and C.M.P.No.10935 of 2023

1. M.Chellappan

2. C.Prema ...

Appellants -vs1. L.Sivarajan

2. M.Velu

3. The District Collector, Chennai District, Rajaji Salai, 4th Floor, 62, Beach Road, St. George Town, Chennai 600 001.

4. The Revenue Divisional Officer, South Madras Division, Guindy, Chennai 600 032.

5. The Thasildar, Sholinganallur Taluk, Sholinganallur, Chennai 600 119.

6. The Inspector of Police (L&O), S-10, Pallikaranai Police Station, Chennai 600 100.

...

Respondents

Prayer: Writ appeal filed under Clause 15 of the Letters Patent to set aside the order dated 19.01.2023 passed in W.P.No.19746 of 2022 on the file of this Court.

For the Appellants ::

Mr.N.Jothi Senior Counsel for Mr.S.Vinod For the Respondents ::

Mr.V.Raghavachari Senior Counsel for Mr.M.Thangadurai for RR 1 and 2 ::

Mrs.R.Anitha Spl. Govt. Pleader for RR 3 to 6 * * * * *

JUDGMENT

(Made by the Hon'ble Chief Justice) The appellants challenge the order dated 19.12.2022 passed in W.P.No.19746 of 2022 and the subsequent order dated 19.01.2023 in the said writ petition.

In the said writ petition, the present appellants are not parties.

2. The learned senior counsel for the present appellants submits that the impugned orders are affecting the rights of the appellants. The appellants were not made parties to the writ petition, though the dispute of the petitioners in the writ petition No.19746 of 2022 was with the present appellants.

3. We have also heard the learned counsel for the original writ petitioners, the present respondents 1 and 2.

4. Upon hearing the learned counsels for the parties, it appears that the impugned order nowhere affects or impinges upon the right of the appellants herein. Under the impugned order, the learned Single Judge has not adjudicated upon rights of the present appellants. In light of that, the appellants cannot be said to be aggrieved parties.

5. If the appellants feel that their rights are being affected, it is for them to take recourse before any other forum as may be permissible in law.

The writ appeal, accordingly, stands disposed of. No costs. Consequently, C.M.P.No.10935 of 2023 stands closed. (S.V.G., CJ.) (P.D.A., J.) 01.06.2023 Index : Yes/No : Yes/No sra To

1. The District Collector, Chennai District, Rajaji Salai, 4th Floor, 62, Beach Road, St. George Town, Chennai 600 001.

2. The Revenue Divisional Officer, South Madras Division, Guindy, Chennai 600 032.

3. The Thasildar, Sholinganallur Taluk, Sholinganallur, Chennai 600 119.

4. The Inspector of Police (L&O), S-10, Pallikaranai Police Station, Chennai 600 100.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(sra) 01.06.2023