Madras High CourtWP(MD)/70/2019disposed of

K.Velmayil, v. The Secretary To Government,

2020-02-10Honourable Mr Justice M.S. Ramesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.08.2019

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Rev.Apl.W(MD)Nos.70 and 71 of 2019 and W.M.P.(MD)Nos.13484 and 13487 of 2019 Rathinavelu ... Petitioner/6th Respondent Vs 1.P.Maharajothi ...1st Respondent/Writ Petitioner 2.The District Collector, Karur District, Karur - 639 007.

3.The Superintendent of Police, Karur District, Karur - 639 007.

4.The Special Tahsildar, 5.S.Balasubramani 6.Moorthy 7.T.Anbazhagan 8.The Telecom Regulatory Authority of India, Mahanagar Doorsanchar Bhavan, Jawaharlal Nehru Marg, (Old Minto Road) New Delhi - 110 002.

... Respondents/Respondents 2 to 5,7,8 Prayer: Review Application is filed under Order 47, Rules 1 and 2 and Section 114 of the Civil Procedure Code to review the order dated 23.04.2019 passed in W.P.(MD)No.24992 of 2018, before this Court may deem fit and proper in the circumstances of this case. Prayer in WP(MD). 24992/ 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus,to call for the records relating to the impugned order dated 24.09.2018 in Na.Ka.No.12623/2018 (E1) issued by the 1st respondent and quash the same and consequently direct the 1/3

1st respondent to take action against the 4th to 6th respondents for misusing their official capacity and sealing the petitioners cable Premises.

For Petitioner : Mr.G.Prabu Rajadurai For Respondents: Mr.B.Prasanna Vinoth for R1 : Mr.M.Karuppasamy Govt. Advcoate for R2 and R3 : Mr.Jeyasingh for R8 Rev.Apl.W(MD)No.71 of 2019 1.S.Balasubramani 2.Moorthy ... Petitioners/Respondents 4 and 5 Vs 1.P.Maharajothi 2.The District Collector, Karur District, Karur - 639007.

3.The Superintendent of Police, Karur District, Karur - 639007.

4.The Special Tahsildar, 5.Rathinavelu 6.Anbazhagan 7.The Telecom Regulatory Authority of India, Mahanagar Doorsanchar Bhavan, Jawaharlal Nehru Marg, (Old Minto Road) New Delhi - 110 002.

... Respondents Prayer: Review Application is filed under Order 47, Rules 1 and 2 and Section 114 of the Civil Procedure Code to review the order dated 23.04.2019 passed in W.P.(MD)No.24992 of 2018, before this Court may deem fit and proper in the circumstances of this case. Prayer in WP(MD). 24992/ 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus, the records relating to the impugned order 2/3

dated 24.09.2018 in Na.Ka.No.12623/2018 (E1) issued by the 1st respondent and quash the same and consequently direct the 1st respondent to take action against the 4th to 6th respondent for misusing their official capacity and sealing the petitioners cable Premises..

For Petitioners : Mr.G.Prabu Rajadurai For Respondents : Mr.B.Prasanna Vinoth for R1 : Mr.M.Karuppasamy Govt. Advocate for R2 and R3 : Mr.Jeyasingh for R7 C O M M O N O R D E R W.P.(MD)No.24992 of 2018 was allowed by me on 23.04.2019. Seeking review, these Review Applications have been filed. 2.When the matter was taken up for hearing, the learned counsel appearing of the review applicants pointed out that I had earlier filed a writ petition for Marahajothi. Since without being aware of this aspect, I had taken up the matter, it is only just and proper that order passed on 23.04.2019 should be set aside and it is accordingly set aside. The review applications are allowed. The Registry is directed to list the writ petition before the concerned roster Judge. It is necessary to make a mention that the counsel on either side did not bring this to my notice when I took up the writ petition for disposal. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (W) // True Copy // / /2020 Sub Assistant Registrar(CS) ias To:

1.The District Collector, Karur District, Karur - 639007.

2.The Superintendent of Police, Karur District, Karur - 639007.

3.The Special Tahsildar, +1cc to Mr.C.JEYASINGH, ADVOCATE, SR NO.82560 Rev.Apl.W(MD)Nos.70 and 71 of 2019 19.08.2019 KK/SAR/09.01.2020/3P-5C/ 3/3