Madras High CourtWA(MD)/882/2019closed

The District Collector, v. Muthaiah,

2019-09-25Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice R. Tharani2 pages

W.A.(MD)No.882 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI W.A.(MD)No.882 of 2019 and C.M.P.(MD)No.7890 of 2019 The District Collector, Madurai District, Madurai.

... Appellant/Respondent Vs.

Muthaiah .. Respondent/Writ Petitioner PRAYER: Writ Appeal is filed under Clause 15 of the Letter Patent Act, to set aside the order dated 15.02.2019 in W.P.(MD)No.2826 of 2019.

Prayer in WP(MD). 2826/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Mandamus, directing the Respondent to pay a sum of Rs.14,38,000/- with interest at 12% per annum in terms of the Bill dated 20.12.2018 to the Petitioner, based on the representation dated 26.12.2018 For Appellant : Mr.A.K.Baskara Pandian Special Government Pleader For Respondent : Mr.Veerakathiravan Senior counsel Mr.M.Jagadeesh Pandian

JUDGMENT

[Judgment of this Court was made by T.S.SIVAGNANAM, J.] Heard Mr.A.K.Baskara Pandian, learned Special Government Pleader appearing for the appellant and Mr.Veerakathiravan, learned counsel appearing for the respondent.

2. The learned counsel for the respondent / writ petitioner brought to our notice an order, dated 15.02.2019 passed by the learned Single Bench. It is submitted by the learned Government Advocate before the learned Single Bench that there is no dispute with regard to the amount payable to the respondent / writ petitioner as fees.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.A.(MD)No.882 of 2019

3. The factual position is otherwise and the officials did pay the full fees. If such is the case, the only option available to the appellant is to review before the learned Single Bench and substantiate his stand and this could not be a ground for filing an appeal, especially when another order has been passed on the same day in the said writ petition.

4. In the light of the above, this writ appeal is closed giving liberty to the appellant to file a review before the learned Single Bench. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar ta To The District Collector, Madurai District, Madurai.

+1 CC to M/s.M.JEGADEESH PANDIAN, Advocate ( SR-90023[F] dated 27/09/2019 ) +1 CC to M/s.GP ( SR-89862[F] dated 26/09/2019 ) +1 CC to M/s.M.JEGADEESH PANDIAN, Advocate ( SR-89571[F] dated 26/09/2019 ) ORDER MADE IN W.A.(MD)No.882 of 2019 25.09.2019 JM/18.10.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2