D.Varatharaj v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.09.2025

CORAM

THE HONOURABLE MR.JUSTICE B.PUGALENDHI WMP.CRL.(MD)No.315 of 2025 in WP.CRL.(MD)No.498 of 2025 D.Varadharaj ... Petitioner Vs 1.The Tahsildar, Dindigul East Taluk, Dindigul District.

2.The Inspector of Police, Sanarpatti Police Station, Dindigul District.

3.Perumal

...Respondents

For Petitioner:

Mr.M.Karunanithi For R1 :

Mr.S.Vinoth, Government Advocate For R2 :

Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

For R3 :

Mr.B.Prasanna Vinoth.

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Petition filed to recall the order dated 11.07.2025 made in WP.CRL.(MD) No.498 of 2025.

ORDER

The petitioner has filed this petition to recall the order dated 11.07.2025, made in WP.CRL.(MD)No.498 of 2025.

2.According to the petitioner, the third respondent has filed a writ petition before this Court challenging the order of the Tahsildar, dated 14.05.2025 in WP. (MD)No.14220 of 2025 and the same was dismissed by this Court by an order dated 28.05.2025 confirming the order of the Tahsildar. Therefore, the third respondent has to abide by the orders of Tahsildar dated 14.05.2025. By this order, the Tahsildar has directed the third respondent herein to collect tax from the persons including the petitioner.

3.However, suppressing the same, the third respondent has filed another writ petition before this Court challenging the orders of the Tahsildar dated 14.05.2025 and has obtained an order from this Court in WP.CRL.(MD)No.498 of 2025 dated 11.07.2025. Therefore, the petitioner sought for interference. 2/5

4.The learned counsel appearing for the third respondent / writ petitioner has also admitted that there was a miscommunication and that the earlier order dated 28.05.2025 has not been placed before this Court. 5.Since the third respondent has filed the subsequent writ petition in WP.CRL. (MD)No.498 of 2025, without any reference to the earlier order dated 28.05.2025, this Court is inclined to allow this writ miscellaneous petition. Accordingly, this miscellaneous petition is allowed and the earlier order dated 11.07.2025 is recalled. The Registry is directed to list the writ petition in WP.CRL.(MD)No.498 of 2025 before the regular Court.

6.The third respondent has challenged the orders of the Tahsildar in WP (MD) No.14420 of 2025 and has suffered an order of dismissal. However, by suppressing the same, he filed another writ petition before this Court challenging the very same order dated 14.05.2025. Therefore, this Court is imposing a cost of Rs.10,000/- [Rupees Ten Thousand only] payable by the third respondent herein to the Rotary Midtown Community Trust, Madurai, which will be beneficial for the students, who are studying in the Corporation Study Centre. 3/5

7.Admittedly, in both the writ petitions, the Inspector of Police, Sanarpatti Police Station, was a party. Therefore, the Superintendent of Police, Dindigul District is directed to verify as to why the Additional Public Prosecutor was not instructed about the earlier order passed by this Court in WP.(MD)No.14420 of 2025, at the time of instructing WP.Crl.(MD)No.498 of 2025. If there is any deliberate suppression, the Superintendent of Police, Dindigul is expected to initiate departmental proceedings against the the officer / official concerned. Sd/- 02.09.2025 // True Copy // / / 2025 Sub-Assistant Registrar (C.S - I / II/ III / IV) gns To 1.The Tahsildar, Dindigul East Taluk, Dindigul District.

2.The Inspector of Police, Sanarpatti Police Station, Dindigul District.

3.The Superintendent of Police, Dindigul District.

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4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Copy to The Rotary Midtown Community Trust, Madurai.

WMP.CRL.(MD)No.315 of 2025 in WP.CRL.(MD)No.498 of 2025 02.09.2025 CT (03/09/2025) 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5