The Joint Commissioner/ v. Rajalakshmi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and C.M.P.(MD) Nos.8774, 8776, 8778, 8779 & 8781 of 2023 W.A.(MD) No.1146 of 2023:

The Joint Commissioner / Executive Officer incorporated and unincorporated Devaswom Suchindram ... Appellant -vs1.Rajalakshmi 2.The District Revenue Officer / Revisional Authority District Revenue Officer Kanyakumari District at Nagercoil 3.The Sub Collector Collectorate Kanyakumari District at Nagercoil

4.The Tahsildar Tahsildar Office Vadiveeswaram Taluk ... Respondents Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 30.06.2023, passed in W.P.(MD) No.17059 of 2021, on the file of this Court.

For Appellant Mr.K.Sathiya Singh W.A.(MD) No.1147 of 2023:

The Joint Commissioner / Executive Officer incorporated and unincorporated Devaswom Suchindram ... Appellant -vs1.Rahiya Beevi 2.The District Revenue Officer / Revisional Authority District Revenue Officer Kanyakumari District at Nagercoil 2.The Sub Collector Collectorate Kanyakumari District at Nagercoil

3.The Tahsildar Tahsildar Office Vadiveeswaram Taluk ... Respondents Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 30.06.2023, passed in W.P.(MD) No.17061 of 2021, on the file of this Court.

For Appellant Mr.K.Sathiya Singh W.A.(MD) No.1148 of 2023:

The Joint Commissioner / Executive Officer incorporated and unincorporated Devaswom Suchindram ... Appellant -vs1.Anand 2.The District Revenue Officer / Revisional Authority District Revenue Officer Kanyakumari District at Nagercoil 2.The Sub Collector Collectorate Kanyakumari District at Nagercoil

3.The Tahsildar Tahsildar Office Vadiveeswaram Taluk ... Respondents Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 30.06.2023, passed in W.P.(MD) No.17060 of 2021, on the file of this Court.

For Appellant Mr.K.Sathiya Singh C O M M O N J U D G M E N T [Judgment of the Court was made by S.S.SUNDAR, J.] These writ appeals are directed against some of the observations made by the learned Single Judge in the order dated 30.06.2023, while adjourning the writ petitions in W.P.(MD) Nos.17059, 17060 & 17061 of 2021 filed by the first respondents / writ petitioners, for further hearing.

2. Though the observations of the learned Single Judge are against the appellant, this Court finds that it is always open to the appellant to explain his case before the learned Single Judge, by production of relevant records. The observations made by the learned Single Judge may not give

cause of action for the appellant to file an appeal. It is always open to the appellant to explain his case to the learned Single Judge at the time of hearing of the writ petitions.

3. The learned Single Judge may dispose of the writ petitions uninfluenced by any of the observations made against the appellant in the order dated 30.06.2023, passed in W.P.(MD) Nos.17059, 17060 & 17061 of 2021.

4. With the above observations, these writ appeals are dismissed. No costs. Consequently, connected miscellaneous petitions are closed. [S.S.S.R., J.] [D.B.C., J.] 20.07.2023 NCC Yes / No Index Yes / No Internet :

Yes / No krk To:

1.The District Revenue Officer / Revisional Authority, District Revenue Officer, Kanyakumari District at Nagercoil.

2.The Sub Collector, Collectorate, Kanyakumari District at Nagercoil.

3.The Tahsildar, Tahsildar Office, Vadiveeswaram Taluk, Kanyakumari District.

S.S.SUNDAR , J.

and D.BHARATHA CHAKRAVARTHY , J.

krk W.A.(MD) Nos.1146, 1147 & 1148 of and C.M.P.(MD) Nos.8774, 8776, 8778, 8779 & 8781 of 2023 20.07.2023