A.Ramachandran, v. Benjamin Rodrigo

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA C.M.P(MD)No.10406 of 2025 in W.A(MD)SR No.36744 of 2024 A.Ramachandran ... Petitioner/Appellant/ -Vs1.Benjamin Rodrigo Rahini Morase Bella Rayen Kumar Joseph Rodrigo Rajan Rodrigo Anita Femando Mira Rodrige Represented through their Power Agent viz., S.Raja 2.The Tahsildar Palayankottai Taluk, Tirunelveli.

3.The Town Surveyor, Palayamkottai, Tirunelveli.

... Respondents/Respondents Respondent

PRAYER in C.M.P(MD)No.10406 of 2025: This Civil Miscellaneous Petition is filed under Section 151 of the C..P.C., praying to grant leave to file this writ appeal against the order passed in W.P(MD)No.10953 of 2024 on 30.04.2024. PRAYER in W.A(MD)SR No.36744 of 2024: This Writ Appeal is filed under Clause 15 of the Letter Patent Act, against the order passed by this Court in W.P(MD)No.10953 of 2024 dated 30.04.2024.

For Appellant : M/s.H.Arumugam

O R D E R

(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) This petition has been filed by the petitioner to grant leave to file the writ appeal against the order dated 30.04.2024 passed in W.P(MD)No.10953 of 2024. 2.The learned counsel appearing for the petitioner submitted that leave has been sought on the ground that the writ petitioner has suppressed certain facts before the learned single Judge.

3.We perused the order passed by the learned single Judge in W.P(MD)No. 10953 of 2024 dated 30.04.2024.

4.The learned single Judge, while disposing the writ petition, in Para No.2 has held as follows:

"2.This writ petition is disposed of at the admission stage itself. It is open to any aggrieved party to move this Court either by way of review or recall of this order, if there is any suppression of material facts by the petitioner."

5.In view of the above, the petitioner can very well approach the learned single Judge seeking either for review or recall of the order. 6.Recording the same, the Civil Miscellaneous Petition stands closed. Consequently, connected Writ Appeal also rejected at SR stage. [A.D.J.C., J.] & [R.P., J.] 10.07.2025 NCC : Yes / No Index : Yes / No NS To 1.The Tahsildar Palayankottai Taluk, Tirunelveli.

2.The Town Surveyor, Palayamkottai, Tirunelveli.

A.D.JAGADISH CHANDIRA , J.

AND R.POORNIMA , J.

Ns C.M.P(MD)No.10406 of 2025 in W.A(MD)SR No.36744 of 2024 10.07.2025