← Library
Madras High CourtWP(MD)/26291/2024dismissed

R.Pushpa Kala v. The Principal Secretary To Government

2024-10-30Honourable The Chief Justice,Honourable Mr Justice Mohammed Shaffiq5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 30/10/2024

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ and WMP(MD) Nos.22291 and 22292 of 2024 R.Pushpa Kala ... Petitioner Vs

1. The Principal Secretary to Government, Housing and Urban Development Department, Fort St. George, Secretariat, Chennai - 600 009..

2. The District Collector, Kanniyakumari District, At Nagercoil.

3. The Assistant Director of Town Panchayat, Kanniyakumari District, At Nagercoil..

4. The Executive Officer, Vilavoor First Grade Town Panchayat, Moolachel, Kanniyakumari District..

5. R. Stalin Jayakumar 1/5

6. R. Jerin Santhakumar ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 4th respondent in his proceedings in Na.Ka. No.286/2024/A1, dated 17.10.2024 and quash the same as being illegal, arbitrary, unconstitutional and consequently direct 1st respondent to pass appropriate orders on the interim application filed along with statutory appeal filed by the petitioner dated 09.10.2024. For Petitioner : Mr.G.Aravinthan for M/s.Aran Legal Consultancy For Respondents : Mr.P.T.Thiraviyam for R1 to R3 Government Advocate

ORDER

(Order of the Court was made by the Hon'ble the Chief Justice) When we expressed our view to petitioner that having filed statutory appeal before first respondent, which appeal is still pending, it is open to petitioner to approach first respondent for early hearing or for interim reliefs, counsel requested the matter be kept abck to enable him to take instructions as to whether the petition should be withdrawn or the Court may go ahead and dismiss.

2/5

2. We kept back the matter for 1⁄2 an hour. When the matter was called out again, none appears for the petitioner.

3. We have expressed no opinion on the merits of the matter. Petitioner may move respondent No.1 for early hearing or for stay or for any other reliefs and respondent No.1 may consider the same in accordance with law. Petition is dismissed. There shall be no order as to cost. Connected interim applications also stand dismissed. (K.R.SHRIRAM, C.J.) (MOHAMMED SHAFFIQ, J.) 30.10.2024 NCC : Yes/No Index : Yes/No RR 3/5

To

1. The Principal Secretary to Government, Housing and Urban Development Department, Fort St. George, Secretariat, Chennai - 600 009..

2. The District Collector, Kanniyakumari District, At Nagercoil.

3. The Assistant Director of Town Panchayat, Kanniyakumari District, At Nagercoil..

4. The Executive Officer, Vilavoor First Grade Town Panchayat, Moolachel, Kanniyakumari District..

4/5

THE HON'BLE CHIEF JUSTICE AND MOHAMMED SHAFFIQ, J.

RR

ORDER

IN WP(MD) No.26291 of 2024 Date : 30/10/2024 5/5