S.Sudhakar v. The Tashildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.12.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and W.M.P.Nos.41625 & 41626 of 2024 in S.Sudhakar S/o.Seeralan ... Petitioner Vs.
1.
The Tahsildar Office of Tahsildar 2.
The Block Development Officer Office of Block Development Office 3.
The Village Administration Officer Office of Village Administration Office Vengadu, Sriperumbudur Page Nos.1/6
4.
The Assistant Engineer Tamil Nadu Generation and Distribution Corporation Limited 5.
Meganathan S/o.Munusamy ... Respondents Prayer :
Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari, to call for the records in impugned proceedings in Na.Ka.718/2024/Aa-1 dated 09.07.2024 passed by the 1st respondent and the impugned order in Na.Ka.No.2329/2024/Aa-1 dated 05.11.2024 passed by the 2nd respondent and the impugned order in Na.Ka.No.2329/2024/Aa-1 dated 05.11.2024 passed by the 2nd respondent issued to the petitioner and quash the same.
For Petitioner :
Mr.Ali Hassan Khan
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] When the captioned 'Writ Petition' {hereinafter 'WP' for the sake of brevity} was taken up, it was noticed that there is a specific averment in paragraph No.4 of support affidavit about O.S.No.115 of 2023 on the file of the District Munsif Court, Sriperumbudur but plaint copy has not been Page Nos.2/6
enclosed though writ petitioner herein is the plaintiff therein.
2. Faced with the above situation, learned counsel sought leave of this Court to withdraw the captioned WP but made a fervent plea to preserve all rights and contentions of writ petitioner to file another writ petition on the same subject matter after enclosing plaint copy and other relevant papers. Saying so, learned counsel has made an endorsement in the case file and a scanned reproduction of the same is as follows:
3. In the light of the narrative thus far, captioned WP is disposed of as withdrawn / closed without expressing any view or opinion on the merits of the matter but with preservation of rights and contentions of writ petitioner Page Nos.3/6
to come up with another writ petition with same prayer on the same subject matter.
4. Registry is directed to be careful qua scrutiny as this is a case where Registry ought to have insisted on enclosing a copy of plaint as there is a specific averment about the suit in paragraph No.4 of writ affidavit and writ petitioner is the plaintiff and R5 is defendant therein. Captioned WP and captioned Writ Miscellaneous Petitions are disposed of as withdrawn / closed albeit with preservation of rights in the aforesaid manner. There shall be no order as to costs. (M.S.,J.) (K.R.S.,J.) 18.12.2024 Index : Yes / No Speaking order / Non-speaking order mk Page Nos.4/6
To 1.
The Tahsildar Office of Tahsildar 2.
The Block Development Officer Office of Block Development Office 3.
The Village Administration Officer Office of Village Administration Office Vengadu, Sriperumbudur 4.
The Assistant Engineer Tamil Nadu Generation and Distribution Corporation Limited Page Nos.5/6
M.SUNDAR, J., and K.RAJASEKAR, J., mk 18.12.2024 Page Nos.6/6