Madras High CourtWA(MD)/253/2024dismissed

S.Saravanan v. Vallikannu

2024-02-23Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.A.(MD) No.253 of 2024 S.Saravanan .. Appellant/3rd Party -Vs1. Vallikannu .. 1st Respondent/Writ Petitioner

2. The District Collector, Madurai District, Madurai.

3. The Tahsildar, Melur Taluk, Madurai District.

4. The Village Administrative Officer, Thothilingapuram, Kottampatti, Melur Taluk, Madurai District.

.. Respondents 2 to 4/ Respondents 1 to 3

PRAYER: Writ Appeal is filed under Clause 15 of Letters Patent to set aside the order dated 10.03.2017 passed in W.P.(MD)No.4140 of 2017. For Appellant : Mr.P.Vetrivel For Respondents : Mr.D.RAmesh Kumar for R1 : Mr.T.Amjad Khan Government Advocate for R2 to R4

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] The appellant claims himself as the adopted son of the deceased Singaperumal, who is the husband of the writ petitioner/first respondent herein. According to the appellant, the writ petition in W.P(MD)No.4140 of 2017 was filed by the first respondent/writ petitioner without made him as a party. Further, he stated that the writ petitioner has suppressed the fact that she had obtained a decree of divorce from the said Singaperumal and the deceased is the paternal uncle of the appellant and also he has obtained a legal heir certificate from the second respondent. Hence, there is a possibility of release of funds deposited in the bank by the said Singaperumal in favour of the appellant. Hence, he filed this

appeal.

2. When the matter is taken up for hearing, the learned counsel for the appellant would submit that in this regard, the writ petitioner already filed a suit in S.O.P.No.161 of 2019 and the same is pending before the learned I-Additional District Judge, Madurai. In view of the same, no further order is necessary in this writ appeal.

3. Recording the submission made by the learned counsel for the appellant, this writ appeal is dismissed. No Costs. [D.K.K., J.] [R.V., J.] 23.02.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No PJL To

1. The District Collector, Madurai District,Madurai.

2. The Tahsildar, Melur Taluk,Madurai District.

3. The Village Administrative Officer, Thothilingapuram,Kottampatti, Melur Taluk, Madurai District.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

PJL W.A.(MD)No.253 of 2024

23.02.2024