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Madras High CourtWMP/17854/2019ordered

P.C.Rajeswari v. C.J.Chnnaiah

2019-07-03Honourable Mr Justice M. Sundar4 pages

W.M.P.Nos.17854 and 7729 of 2019 in W.P.No.7005 of 2019 M.SUNDAR, J.

Writ miscellaneous petition No.17854 of 2019 ('WMP' for brevity) has been filed with a prayer to implead petitioner in this WMP as fifth respondent (R-5) in the main writ petition.

2. Writ petitioner has been arrayed as R-1 in this WMP and the respondents in the main writ petition have been arrayed as co-respondents in the instant WMP.

3. Mr.N.Santhanaraman, learned counsel for petitioner in instant WMP, Mr.V.Chandraprabu, learned counsel on record for writ petitioner (R-1 in instant WMP), Mr.R.P.Prathap Singh, learned Government Advocate on behalf of R-2 and R-3 in the instant WMP and Mr.D.Krishnapradeep, learned counsel representing Mr.N.Damodharan, learned Standing Counsel for 'Tamil Nadu State Marketing Corporation Limited' ('TASMAC' for brevity) on behalf of R4 and R-5 in the instant WMP are before this Court.

4. All five respondents in instant WMP submit that they have no opposition or objection to the implead prayer in instant WMP being acceded to, albeit with a Caveat that it shall not be construed as not disputing or admitting the allegations contained in the affidavit filed in support of instant WMP.

5. In the light of the aforesaid trajectory, instant WMP i.e., WMP No.17854 of 2019 is allowed and ordered as prayed for.

6. It is seen from the case-file placed before this Court that WMP No.7729 of 2019 is pending and interim orders are operating in the same. It is necessary that implead petitioner in the instant WMP is impleaded as R-5 in the said WMP No.7729 of 2019 also.

7. A separate WMP for impleading ought to have been filed or at least prayer ought to have been made. However in the light of writ miscellaneous petition i.e., WMP No.17854 of 2019 being allowed, this Court, in the interest of justice, directs petitioner in the instant WMP i.e., WMP No.17854 of 2019 to be impleaded as R-5 in WMP No.7729 of 2019 also.

8. Registry to carryout necessary and consequential amendments within a fortnight from today.

03-07-2019 Svn

M.SUNDAR, J.

Svn W.M.P.Nos.17854 and 7729 of 2019 in W.P.No.7005 of 2019 03-07-2019