Stalin Cotage Kadar v. I Sridharan
In the High Court of Judicature at Madras Dated : 25.2.2019 Coram :
The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN CMP.Nos.17004 and 17005 of 2018 & WA.SR.Nos.68149 and 68153 of 2018 Stalin Cottage Kadai Urimaiyalargal Sangam rep.by its Secretary P.Sangili
...Petitioner/
Appellant Vs 1.I.Sridharan ...R1 in CMP.No.
17004/2018 & WA.
SR.No.68149/18 2.P.Rajendran ...R2 in CMP.No.
17005/2018 in WA.
SR.No.68153/18 3.The Principal Secretary & Commissioner of Land Administration, Chennai-5.
4.The District Collector, Dindigul District, Dindigul.
5.The Tahsildar, Dindigul West, Dindigul District.
6.Church of South India Trust Association, Diocease of Madurai Ramnad rep.by its Treasurer Madurai-1 ...R2 to R5 in both CMPs & Was
PETITIONS under Section 151 of the Civil Procedure Code seeking to grant leave to the petitioner to file writ appeals against the common interim order dated 31.7.2018 in WP.Nos.11010 and 11011 of 2018. APPEALS under Clause 15 of the Letters Patent against the common interim order dated 31.7.2018 in W.P.Nos.11010 and 11011 of 2018. For Petitioner/Appellant : Mr.Natarajan for Mr.A.V.Arumugam For Respondent-1 in the respective CMPs/WAs : Mr.S.Anburaja COMMON JUDGMENT (Judgment was delivered by T.S.SIVAGNANAM,J) We have heard Mr.Natarajan, learned counsel appearing on behalf of Mr.A.V.Arumugam, learned counsel on record for the petitioner and Mr.S. Anburaja, learned counsel appearing for the first respondent in the respective cases.
2. The main writ appeals are directed against the common interim order passed in W.P.Nos.11010 and 11011 of 2018 dated 31.7.2018.
3. Mr.Natarajan, learned counsel for the petitioner would contend that the order passed by the learned Single Judge, is, in effect, a final order in the writ petitions and therefore, the petitioner has approached this Court seeking leave to file writ appeals against the said order dated 31.7.2018. It is further submitted that the petitioner herein filed two miscellaneous petitions in WMP. Nos.21534 and 21535 of 2018 for impleading themselves as party respondents in the main writ petitions and in the said miscellaneous petitions,
notice was ordered on 31.7.2018.
4. We have gone through the order impugned before us and we find that it is an interim order. Therefore, the present appeals against such order are not maintainable, more so when the petitioner themselves sought for impleadment in the said writ petitions by filing miscellaneous petitions and in those miscellaneous petitions, notice has already been ordered. Therefore, the proper course for the petitioner is to approach the learned Single Judge to move the miscellaneous petitions for impleadment and obtain orders from the Writ Court.
5. Accordingly, these petitions are disposed of with a direction to the Registry to list WMP.Nos.21534 and 21535 of 2018 respectively in WP.Nos. 11010 and 11011 of 2018 before the concerned learned Single Judge so as to enable the petitioner/appellant to pursue their remedies. Accordingly, the writ appeals are rejected at the SR stage. No costs. 25.2.2019 Internet : Yes To 1.The Principal Secretary & Commissioner of Land Administration, Chennai-5. 2.The District Collector, Dindigul District, Dindigul. 3.The Tahsildar, Dindigul West, Dindigul District. RS
T.S.SIVAGNANAM,J AND V.BHAVANI SUBBAROYAN,J RS CMP.Nos.17004 & 17005/2018 & WA.SR.Nos.68149 and 68153 of 25.2.2019