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Madras High CourtWA/2777/2018dismissed

P.Kembammal v. Perumal

2023-08-28Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice P.B. Balaji6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.08.2023 CORAM :

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR AND THE HON'BLE MR.JUSTICE P.B.BALAJI

1. P.Kembammal Appellant in WA.2777/2018

1. P.Kembammal

2. E.C.Senniappan (Died)

3. Karthik @ Karthikeyan

4. K.Manickam

5. K.B.Jothi Latha

6. S.Suseela

7. S.Kavitha

8. S.Vidhya

9. S.Suganya (Died) (A6 to A9 substituted as LRs of deceased A2 by order of Court dated 4.7.23 in CMP.11438/2021 10.A.Arunkumar 11.Minor A.Akshitha Sugan 12.Minor Ajeesh Sugan A11 & A12 are represented by father/guardian A.Arunkumar, A10 (A10 to A12 substituted as LRs of

deceased A9 by order of Court dated 4.7.2023 in CMP.11504/2023 Appellants in WA.2778/2018 v.

1. Perumal, S/o Late Muthu

2. The Revenue Divisional Officer O/o. The Revenue Divisional Office at Gobichettipalayam Erode District

3. The Tahsildar O/o. The Revenue Divisional Office at Thalavadi Taluk Thalavadi Erode District Respondents in WA.2777/2018

1. The Revenue Divisional Officer/ Sub Divisional Executive Magistrate Gobichettipalayam Erode District

2. The Tahsildar Thalavadi Taluk Erode District

3. A.Ashokan

4. The Inspector of Police Asanur Police Station Erode District

5. R.Jayaraj (Died)

6. Perumal, S/o Late Muthu

7. Mahesh, S/o Chikka Kusu Naicker

8. Madeva, S/o Puttu Naicker

9. Rajannam 10.J.Mahalakshmi 11.V.Kanimozhi 12.J.Thenu 13.J.Senthil (R10 to R13 substituted as LRs of deceased R5 vide order of Court dated 4.7.2023 in CMP.22843/2019 Respondents in WA.2778/2018 Writ Appeals filed under Clause 15 of the Letters Patent, against the order dated 26.11.2018 made in W.P.Nos.21238 & 25313 of 2018. For Appellants ::

Mr.N.Manokaran in both W.As For Respondents ::

Mr.M.Balasubramanian for R1 in WA.2777/2018 & for R6 in WA.2778/2018 Mrs.P.Rajarajeswari Government Advocate for R2 & R3 in WA.2777/2018 Mrs.R.L.Karthika Government Advocate for R1, R2 & R4 in WA.2778/2018 Mr.Karthik Lakshmanan for R10 to R13 in WA.2778/2018

COMMON JUDGMENT (Judgment of the Court was made by D.KRISHNAKUMAR,J.) These instant intra-Court appeals are directed against the common order dated 26.11.2018 passed in Writ Petition Nos.21238 & 25313 of 2018.

2. When the matters were taken up for hearing, the learned counsel appearing for the first/sixth respondent in the appeals fairly submitted that pending the writ appeals, the Revenue Divisional Officer, Gobichettipalayam has passed an order in proceeding dated 4.8.2020 against the first/sixth respondent. When the first/sixth respondent preferred an appeal against the said order, the District Revenue Officer, Erode, by proceeding dated 14.12.2020, has dismissed the appeal. Aggrieved by the said order, the first respondent has now preferred a revision and the same is pending before the revisional authority. In view of the same, he submitted that nothing survives for adjudication in these appeals.

3. The learned counsel appearing for the appellants has not controverted the said submission made by the learned counsel appearing for the first/sixth respondent in the appeals.

4. Recording the above statement, these writ appeals are dismissed, as nothing survives for adjudication. Consequently, C.M.P.Nos.22924 & 22955 of 2018 are also dismissed. No order as to costs. (D.K.K.,J.) (P.B.B,J.) Index : yes/no 28.08.2023 ss To

1. The Revenue Divisional Officer / Sub Divisional Executive Magistrate Gobichettipalayam Erode District

2. The Tahsildar Thalavadi Taluk Erode District

3. The Inspector of Police Asanur Police Station Erode District

D.KRISHNAKUMAR,J.

AND P.B.BALAJI,J.

ss 28.08.2023