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Madras High CourtWMP/17523/2024partly allowed

R.Sarada, v. Chennai Metropolitan Development Authority,

2024-07-23Honourable Mr Justice S.S. Sundar,Honourable Mr.Justice N.Senthilkumar2 pages

WMP.No.17523 of 2024 in WP.No.3924 of 2024 WMP.No.17523 of 2024 in WP.No.3924 of 2024 S.S.SUNDAR, J.

and N.SENTHILKUMAR, J.

(Order of the Court was made by S.S.SUNDAR, J.)

1. This WMP is filed to modify the order dated 20.02.2024 passed in WP.No.3924 of 2024, by granting liberty to the Petitioner to file a fresh Writ Petition and consequently to direct the Registry to return the original documents along with the impugned order dated 18.05.2023 filed in the above Writ Petition.

2. This Court heard the learned counsel on either side and considered their submissions.

3. The above Writ Petition was dismissed, as withdrawn. Having regard to the averments made in the affidavit filed in support of this WMP, this Court cannot grant permission or liberty to the Petitioner to file another Writ Petition on the same cause of action. The withdrawal was on the basis of an endorsement made by the Petitioner's counsel and therefore, the order of dismissal cannot be recalled. However, the request of the Petitioner for return of the original documents along with the impugned order dated 18.05.2023 can be returned to the Petitioner.

4. However, the learned counsel for the Petitioner states that the Petitioner is not aware of the Petition for amendment filed in the Writ Petition. It is further stated that the Petitioner has never instructed his counsel to withdraw the 1/2 https://www.mhc.tn.gov.in/judis

WMP.No.17523 of 2024 in WP.No.3924 of 2024 S.S.SUNDAR, J.

and N.SENTHILKUMAR, J.

Srcm Writ Petition. Going by the sequence of events, the submission of the learned counsel for the Petitioner appears to be true. If that being the case, it is open to the Petitioner to file a review application. The Registry is directed to return the original documents along with the impugned order dated 18.05.2023, which were filed in the Writ Petition.

5. With the above liberty preserved to the Petitioner, this WMP is partly allowed. No costs.

(S.S.S.R.J.) & (N.S.J.) 23.07.2024 Index:Yes/No Web:Yes/No Speaking/Non Speaking Srcm WMP.No.17523 of 2024 in WP.No.3924 of 2024 2/2 https://www.mhc.tn.gov.in/judis