A.K.Sivasankaran v. R.Sritharan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2025

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and C.M.P.(MD).No.814 of 2025 A.K.Sivasankaran ... Appellant/4th Respondent Vs.

1.R.Sritharan ... 1st Respondent/Petitioner 2.The Commissioner, Madurai City Municipal Corporation, Madurai.

3.The Assistant Commissioner, Zone IV, Madurai City Municipal Corporation, Madurai.

4.The Inspector of Police, Theppakulam Police Station, Madurai - 625 009.

... Respondents 2 to 4/ Respondents 1 to 3 PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying to set aside the order dated 29.11.2024 made in W.P.(MD).No.8160 of 2023 and allow this Writ Appeal in the interest of justice.

For Appellant : Mr.K.Sureshkumar For R-1 : Mr.J.Barathan For R-2 & R-3 : Mr.S.Vinayak Standing Counsel For R-4 : Mr.P.Kottai Samy Government Advocate (Crl. Side)

JUDGMENT

(Judgment of the Court was made by M.S.RAMESH,J.) This Writ Appeal has been filed against the order of the learned Single Judge in W.P.(MD).No.8160 of 2023 dated 29.11.2024.

2. Having failed to appear before the learned Single Judge when the final orders came to be passed in the Writ Petition, it will not be now open to the appellant/fourth respondent to raise his objections in an appeal. On the other hand, the appropriate remedy would be to seek for review of the order before the Writ Court. In view of the same, the grounds raised in this appeal do not deserve consideration.

3. Accordingly, the Writ Appeal stands dismissed with liberty to the appellant to file a review application before the Writ Court. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed. (M.S.R.,J.) (A.D.M.C.,J.) 24.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The Commissioner, Madurai City Municipal Corporation, Madurai.

2.The Assistant Commissioner, Zone IV, Madurai City Municipal Corporation, Madurai.

3.The Inspector of Police, Theppakulam Police Station, Madurai - 625 009.

M.S.RAMESH,J.

and A.D.MARIA CLETE,J.

Lm 24.01.2025