Pavadaikonar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.SUNDAR and THE HONOURABLE MR. JUSTICE T.VINOD KUMAR Pavadaikonar Petitioner vs.

1.

The District Collector Tiruvannamalai District Thiruvannamalai The Superintendent of Police Tiruvannamalai District Thiruvannamalai The Revenue Divisional Officer Tiruvannamalai Revenue Division Thiruvannamalai District The District Revenue Officer Collectorate Thiruvannamalai District The Tahsildar Keelpennathur Taluk Thiruvannamalai District The Head Surveyor Keelpennathur Taluk Office Keelpennathur Thiruvannamalai District 7.

Babu Page No.1/6

8.

Chandrasekaran Respondents Writ Miscellaneous Petition filed under Article 226 of the Constitution of India praying to set aside the order of dismissal for default dated 15.11.2024 in the above W.P.No.9967 of 2021 and consequently restore W.P.No.9967 of 2021 to the file of this Court. For petitioner Mr. K. Kathiresan For RR1 to 6 Mr. T.K. Saravanan Additional Government Pleader For R7 Mr. R. Karthikeyan For R8 Mr. K.Balasubramaniam

ORDER

[made by M.SUNDAR, J.] Captioned 'Writ Miscellaneous Petition' [hereinafter 'WMP' for the sake of brevity] has been filed with a prayer to restore W.P.No.9967 of 2021 which was dismissed for default on 15.11.2024. Adverting to paragraphs 3 and 5 of support affidavit, Mr.K.Kathiresan, learned counsel for WMP petitioner, submits that name of the counsel was wrongly printed in the cause list and therefore, the counsel could not represent the matter and that resulted in dismissal of captioned writ petition for default. Page No.2/6

Issue notice to respondents. Mr. T.K. Saravanan, learned Additional Government Pleader, accepts notice on behalf of the RR 1 to 6, Mr. R. Karthikeyan, learned counsel, accepts notice for R7 and Mr.K. Balasubramaniam, learned counsel, accepts notice for R8. Mr. T.K. Saravanan, learned State Counsel, fairly submits that he does not oppose the prayer owing to the reason which we have captured supra.

As regards private respondents viz., R7 & R8, learned counsel submit that the dates of listing are given beforehand and the counsel should have been cautious and diligent in noting down the same and being present before the Court.

This Court, having considered the facts and circumstances of the case, nature of the matter and the reason captured supra, is of the considered view that the reason deserves to be accepted as date being given beforehand cannot be put against the WMP petitioner when counsel name is not shown in the cause list and therefore, prayer for restoration deserves to be acceded to. We do so. Page No.3/6

7.

Ergo, the sequitur is, captioned WMP is ordered as prayed for. There shall be no order as to costs.

(M.S., J.) (T.V.K., J.) 31.07.2025 gya/cad Index : Yes/No NC : Yes/No Page No.4/6

To 1.

The District Collector Tiruvannamalai District Thiruvannamalai The Superintendent of Police Tiruvannamalai District Thiruvannamalai The Revenue Divisional Officer Tiruvannamalai Revenue Division Thiruvannamalai District The District Revenue Officer Collectorate Thiruvannamalai District The Tahsildar Keelpennathur Taluk Thiruvannamalai District The Head Surveyor Keelpennathur Taluk Office Keelpennathur Thiruvannamalai District Page No.5/6

M.SUNDAR, J.

and T.VINOD KUMAR, J.

cad W.M.P. No. 42563 of 2024 in W.P. No. 9967 of 2021 31.07.2025 Page No.6/6