G. Kandaswamy v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.10.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY G.Kandaswamy : Appellant versus 1.The Secretary to Government, Revenue Department, Fort St.George, Chennai 9 2.The District Collector, Salem District 3.The District Revenue Officer, Salem 4.The Revenue Divisional Officer, Mettur Division, Salem District 5.The Deputy Registrar of Cooperative Societies, Omalur, Salem District 6.The Tahsildar, Omalur Taluk, Salem District 7.The Commissioner of Land Administration, Chepauk, Chennai 5 : Respondents Prayer: Writ appeal filed under Clause 15 of the Letters Patent against the order of learned Single Judge dated 08.08.2023 in WP No.17359 of 2021.

For the Appellant :

Mr.M.Devaraj For the Respondents :

Mrs.R.Anitha, Special Government Pleader

JUDGMENT

(Made by the Hon'ble Chief Justice) Heard Mr.M.Devaraj, learned counsel for the appellant and Mrs.R.Anitha, learned Special Government Pleader for the respondents.

2. The learned counsel for the appellant seeks leave to withdrawn the writ petition WP No.17359 of 2021 and the present writ appeal, and avail the remedy of appeal against the order passed by the sixth respondent, dated 20.03.2020.

3. The learned Special Government Pleader opposes the said request and submits that the appellant has suffered an adjudication.

4. It appears that the appellant could not place on record many relevant facts while prosecuting the writ petition.

5. The order passed by the learned Single Judge also travels beyond the

prayer made in the writ petition.

6. Considering the peculiar facts and circumstances of the present case, the request of the appellant is accepted.

7. Accordingly, WP No.17359 of 2021 is permitted to be withdrawn along with the present writ appeal, with liberty to the appellant to file an appeal against the order dated 20.03.2020, passed by the sixth respondent. WA No.2701 of 2023 and WP No.17359 of 2021 are dismissed as withdrawn. There will be no order as to costs. Consequently, CMP Nos.22744 & 22747 of 2023 are closed.

(S.V.G., CJ.) (D.B.C., J.) 05.10.2023 Index : Yes/No : Yes/No tar To 1.The Secretary to Government, Revenue Department, Fort St.George, Chennai 9 2.The District Collector, Salem District 3.The District Revenue Officer, Salem 4.The Revenue Divisional Officer, Mettur Division, Salem District

5.The Deputy Registrar of Cooperative Societies, Omalur, Salem District 6.The Tahsildar, Omalur Taluk, Salem District 7.The Commissioner of Land Administration, Chepauk, Chennai 5

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar) 05.10.2023