S.Rajendran v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.12.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Rajendran : Appellant versus 1.The State of Tamil Nadu Rep. by its Secretary Revenue & Disaster Management Department Secretariat, Fort St.George, Chennai-600 009. 2.The State of Tamil Nadu Rep. by The District Collector Thiruvarur District Master Plan Complex Nagapattinam Road, Thiruvarur-610 004.

3.The Tasildar Thiruvarur Taluk Taluk Office Collectrate Campus, Thiruvarur-610 004.

4.The Village Administrative Officer Vadakandam Village Thiruvarur Taluk and District.

5.S.Muthukumaran : Respondents Prayer: Writ appeal filed under Clause 15 of the Letters Patent against the order of the learned Single Judge dated 24.11.2023 in W.M.P.No.31401 of 2023 in WP No.30303 of 2023.

For the Appellant :

Mr.Gowthaman, Senior Counsel, for Mr.V.Rajesh Babu For Respondents 1 to 4 :

Mr.P.Muthukumar, State Government Pleader

JUDGMENT

(Made by the Hon'ble Chief Justice) We have heard Mr.Gowthaman, learned Senior Counsel for the appellant and Mr.P.Muthukumar, learned State Government Pleader, for respondents 1 to 4.

2. After the writ petition was disposed of, a petition was filed by the appellant before the Writ Court to amend the name of the village as "Vadakandam" instead of "Vadamangalam" and consequently, to modify the order dated 19.10.2023 in WP No.30303 of 2023. The learned Single Judge refused to entertain the said application on the ground that the writ petition is already disposed of.

3. The learned counsel for the appellant submits that the fifth respondent remained exparte before the learned Single Judge.

4. It would appear that the modification claimed by the appellant was

inconsequential inasmuch as only the name of the village was sought to be corrected in the order. According to the learned counsel for the appellant, mistake occurred in mentioning the name of the village. In the prayer clause instead of "Vadakandam", name of the village was mentioned as "Vadamangalam". It is stated that in the body of the memo of the petition and cause title, the name of the village was correctly mentioned as "Vadakandam". However, in the prayer clause only, the mistake was made and consequently, in the order.

5. In light of the fact that it is a case of bona fide mistake, we allow the application filed by the petitioner in WMP No.31401 of 2023 in WP No.30303 of 2023. The name of the village, in the order dated 19.10.2023 in WP No.30303 of 2023, passed by the learned Single Judge, shall be read as "Vadakandam" instead of "Vadamangalam".

6. The writ appeal stands disposed of. There will be no order as to costs. (S.V.G., CJ.) (D.B.C., J.) 19.12.2023 Index : Yes/No : Yes/No tar

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

(tar) To 1.The Secretary Revenue & Disaster Management Department Secretariat, Fort St.George, Chennai-600 009. 2.The District Collector, Thiruvarur-610 004. 3.The Tasildar, Thiruvarur Taluk Collectrate Campus, Thiruvarur-610 004.

4.The Village Administrative Officer Vadakandam Village Thiruvarur Taluk and District.

19.12.2023