P. Venkatesan v. Kalaiselvam Lenine

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.09.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU

1. P.Vengatesan

2. G.Ramasamy

3. K.Lakshmi

4. R.Selvanathan

5. P.Vijaya Latchoumy

6. Amirtham

7. Suseela

8. Veerappan

9. Jayarani

10. Arumugam

11. Santhalakshmi

12. A.Mourougane ..

Petitioners Vs.

1. Kalaiselvam Lenine

2. The Union of India Rep. by the Chief Secretary to Government

3. The Under Secretary to Government (Housing)

4. The Pondicherry Housing Board Rep. by its Secretary ..

Respondents Prayer: Petition filed in appeal filed under Clause 15 of the Letters Patent seeking to grant leave to appeal against the impugned order dated 17.03.2023 passed in W.P.No.39542 of 2016. For the Petitioners : Mr.P.Valliyappan Senior Counsel for Mr.R.Udhayakumar For the Respondents : Mr.V.Vasanthakumar Additional Govt. Pleader (Puducherry) for R2 to R4

JUDGMENT

(Delivered by the Hon'ble Chief Justice) Heard Mr.P.Valliyappan, learned Senior Counsel appearing for Mr.R.Udhayakumar, learned counsel for the petitioners and Mr.V.Vasanthakumar, learned Additional Government Pleader (Puducherry) for respondents 2 to 4.

2. This petition is filed seeking leave to file an appeal against the order dated 17.03.2023 in W.P.No.39542 of 2016.

3. Learned Senior Counsel appearing for the petitioners submits that the petitioners were not parties before the learned Single Judge. Learned Single Judge observed that twenty two applications were rejected, as they were not covered under the meaning of "Distressed Purchasers". However, the applications of the present petitioners are still pending consideration with the Authorities and they have not been rejected.

4. Learned Single Judge has rejected the case of the petitioner in the said writ petition on merits. The present petitioners were not parties to the said writ petition. If the applications are still pending consideration with the Authorities and the statement of the Authorities therein was erroneous, the petitioners can bring it to the notice of the learned Single Judge for passing order for necessary

clarification.

5. With the aforesaid observation, the present petition stands disposed of. There will be no order as to costs. (S.V.G., CJ.) (P.D.A., J.) 27.09.2023 Index : Yes/No drm

To

1. The Chief Secretary to Government The Union of India

2. The Under Secretary to Government (Housing)

3. The Secretary The Pondicherry Housing Board

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

(drm) 27.09.2023