James v. T.Veerasingh Raja

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE 1.James 2.Princes Mercy Daniel (Died) 3.Lejisha 4.Sebina 5.Leenus : Petitioners in all CMPs -Vs1.T.Veerashingh Raja : 1st respondent in C.M.P.(MD)No.1078/25 1.V.Jeyarani : 1st respondent in C.M.P.(MD)No.1079/25 1.V.Saraswathi : 1st respondent in C.M.P.(MD)No.1080/25

2.The Chairman, Taluk Legal Services Committee, Nanguneri Taluk, Tirunelveli District.

3.The District Registrar, Registration Department, Tirunelveli, Tirunelveli District.

4.The Sub Registrar, Registration Department, Nanguneri Taluk, Tirunelveli District.

5.The Inspector of Police, Vijayanarayanam Police Station, Vijayanarayanam, Thisayanvilai Taluk, Tirunelveli District.

: Respondents 2 to 5 in all CMPs COMMON PRAYER in C.M.P.(MD)Nos.1078 to 1080 of 2025: Petitions filed under Section 151 of CPC, praying to accept the cause titles.

COMMON PRAYER in W.A.(MD)SR.Nos.2635, 2637 & 2636 of 2025: Appeals filed under Clause 15 of Letters Patent, praying to set aside the orders dated 11.12.2024 passed in W.P.(MD)Nos.26981, 26982 & 26983 of 2024.

For Petitioner : D.Nallathambi For Respondents 2 to 5 : Mr.S.R.A.Ramachandran Additional Government Pleader [In all CMPs] COMMON ORDER [Common Order of the Court was made by M.S.RAMESH, J.] The only ground on which the petitioners herein have filed the present Civil Miscellaneous Petitions is that the seventh respondent in the Writ Petition died when the final orders were passed which was not taken note of by the Writ Court.

2.We are of the view that this omission on the part of the learned Counsels in failing to bring to the notice of the Writ Court can be

re-apprised only before the same Writ Court and cannot be a subject matter of an appeal for maintaining the appeal.

3.Accordingly, these Civil Miscellaneous Petitions are dismissed, with liberty to the petitioners to file Review Applications. Consequently, the connected W.A.(MD)SR.Nos.2635, 2637 & 2636 of 2025 are rejected at the SR stage itself. There shall be no order as to costs. [M.S.R., J.] & [A.D.M.C., J.] 30.01.2025 NCC :

Yes / No Index :

Yes / No Internet:

Yes / No MR

To 1.The Chairman, Taluk Legal Services Committee, Nanguneri Taluk, Tirunelveli District.

2.The District Registrar, Registration Department, Tirunelveli, Tirunelveli District.

3.The Sub Registrar, Registration Department, Nanguneri Taluk, Tirunelveli District.

4.The Inspector of Police, Vijayanarayanam Police Station, Vijayanarayanam, Thisayanvilai Taluk, Tirunelveli District

M.S.RAMESH, J.

AND A.D.MARIA CLETE , J.

MR 30.01.2025