Mr. Saatvik Goyal v. The Revenue Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.02.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Saatvik Goyal : Appellant versus 1.The Revenue Secretary, Fort St.George, Chennai 60009 2.The Commissioner of Police, City Crime Branch, Egmore, Chennai 600008 3.The District Collector, Singaravelan Maaligai, Rajaji Salai, Chennai 600001 4.The Assistant Director of Survey and Settlement Project Officer (North) Chepauk, Chennai 600005 5.The Special Tahsildar, Survey and Settlement Department, Taluk Office, Thiruvottiyur, Chennai 19.

6.Abdul Rahman : Respondents Prayer: Writ appeal filed under Clause 15 of the Letters Patent against the order of the learned Single Judge in WP No.22817 of 2022 dated 01.09.2022. For the Appellant : Mr.P.R.Balasubramanian

For Respondents 1 to 5 : Mr.C.Kathiravan, Special Government Pleader For Respondent No.6 : Mr.L.Chandrakumar, For Mr.N.Naganathan

JUDGMENT

(Made by the Hon'ble Chief Justice) We have heard Mr.P.R.Balasubramanian, learned counsel for the appellant and Mr.C.Kathiravan, learned Special Government Pleader, appearing for respondents 1 to 5 and Mr.L.Chandrakumar, learned counsel appearing for the sixth respondent.

2. We have perused the impugned order. This appeal ought not to have been filed by the appellant. Under paragraph 5 of its order, learned Single Judge has observed as under:

"The learned counsel for the petitioner submitted that it would suffice, if this Court issues permit the petitioner to participate in the proceedings initiated by the 4th respondent and this Court may fix the outer limit to dispose the pending appeal filed by the 6th respondent."

3. It was on the statement made by learned counsel for the present appellant, learned Single Judge had disposed of the writ petition giving direction as was asked by the appellant.

4. In spite of the above, filing appeal would be an abuse of the process of Court. Learned Single Judge has permitted the appellant to participate in the proceedings and has directed the authority to hear the present appellant also.

5. Learned Single Judge has further observed, "It is open to the petitioner as well as the sixth respondent to raise all the grounds before the fourth respondent." Learned Single Judge has permitted the parties to raise all the grounds available to them.

6. In light of the above, the writ appeal stands dismissed. There shall be no order as to costs. Consequently, CMP Nos.11372 and 470 of 2023 are closed.

(S.V.G., CJ.) (D.B.C., J.) 15.02.2024 Index : Yes/No : Yes/No tar To 1.The Revenue Secretary, Fort St.George, Chennai 60009 2.The Commissioner of Police, City Crime Branch, Egmore, Chennai 600008

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

(tar) 3.The District Collector, Singaravelan Maaligai, Rajaji Salai, Chennai 600001 4.The Assistant Director of Survey and Settlement Project Officer (North) Chepauk, Chennai 600005 15.02.2024