P.Dhayanithi v. A. Muthuraj,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P(MD)No.2234 of 2024 P.Dhayanithi ... Appellant/3rd Party vs.

1.A.Muthuraj ... 1st Respondent/ Writ Petitioner 2.The District Collector/Nodal Officer (Cable TV), Thoothukudi - 628 001.

3.The Post Master (HSG-1), Head Post Office, Thoothukudi District - 628 501.

4.The Managing Director, Tamil Nadu Arasu Cable TC Corporation, No.34/123, 6th Floor, Dukar Tower, Marsal Salai, Chennai - 600 008.

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5.The Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation, Thoothukudi - 628 001.

6.The Inspector of Posts, East Sub Division, Thoothukudi District.

... Respondents 2 to 6/ Respondents 1 to 5 PRAYER : Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 08.04.2022 passed in W.P(MD)No.6609 of 2022, on the file of this Court.

For Appellant : Mr.B.Prasanna Vinoth For Respondent Nos.2 to 5 : Mr.T.Amjadkhan Government Advocate

JUDGMENT

(Judgment of the Court was made by D. KRISHNAKUMAR, J.) Assailing the order, dated 08.04.2022 passed by the learned Single Judge in W.P(MD)No.6609 of 2022, this Writ Appeal has been filed by the appellant / third party.

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2.The first respondent/writ petitioner has filed the Writ Petition in W.P(MD)No.6609 of 2022 seeking a direction to the second respondent to renew his cable registration certificate by considering his representations dated 20.09.2021 and 07.01.2022.

3.The learned Single Judge, by order, dated 08.04.2022, passed the following order:

'6. In the result, this Court directs the second respondent to consider the petitioner's representations dated 20.09.2021 and 07.01.2022 seeking for renewal of his registration certificate bearing No. 886 for a further period and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner including granting him the right of personal hearing within a period of twelve (12) weeks from the date of receipt of a copy of this order.

7. With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.'

4.Challenging the same, the appellant/third party has filed the present Writ Appeal on the ground that the first respondent has suppressed the fact that a Writ Petition was filed against the renewal of postal 3/6

registration, which is the subject matter of W.P(MD)No.13632 of 2020 was filed by him.

5.When the matter was taken up for hearing today, Mr.T.Amjadkhan, learned Government Advocate appearing for the respondents 2 to 5 would submit that this Court by order, dated 12.01.2024 in W.P(MD)No.13632 of 2020, closed the Writ Petition as infructuous. 6.In view of the above, we are of the view that the order passed by the learned Single Judge in W.P(MD)No.6609 of 2022, dated 08.04.2022 is only to consider the representations of the first respondent/writ petitioner. Therefore, we do not find any merit in the Writ Appeal. Accordingly, the Writ Appeal is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

[D.K.K.,J.] [R.V.,J.] 22.02.2024 NCC : Yes / No Index : Yes / No ps 4/6

To 1.The District Collector/Nodal Officer (Cable TV), Thoothukudi - 628 001.

2.The Post Master (HSG-1), Head Post Office, Thoothukudi District - 628 501.

3.The Managing Director, Tamil Nadu Arasu Cable TC Corporation, No.34/123, 6th Floor, Dukar Tower, Marsal Salai, Chennai - 600 008.

4.The Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation, Thoothukudi - 628 001.

5.The Inspector of Posts, East Sub Division, Thoothukudi District.

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D. KRISHNAKUMAR ,J.

and R.VIJAYAKUMAR,J.

ps ORDER MADE IN DATED : 22.02.2024 6/6