M.Valimuthu vs The District Collector
2021 Latest Caselaw 14464 Mad

                                                                                     W.A.No.1369 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 19.07.2021

                                                          CORAM

                                     THE HON’BLE MR. JUSTICE M.M.SUNDRESH
                                                       and
                                     THE HON’BLE MR. JUSTICE C.SARAVANAN

                                                  W.A. No.1369 of 2021

                     M.Valimuthu                                                 ... Appellant

                                                             Vs.
                     1.The District Collector,
                      Tiruvallur District,
                      Tiruvallur.

                     2.The Special Tahsildhar,
                      (Land Acquisition),
                      Unit-2, Krishna Water Supply Project,
                      Tiruvallur.                                                ... Respondents


                               Writ Appeal is preferred under Clause 15 of the Letters Patent against

                     the order dated 27.01.2020 made in W.P.No.10318 of 2019



                                     For Appellant            : Mr.G.Karthikeyan

                                     For Respondents          : Mr.S.John J. Raja Singh
                                                                Government Counsel


                     1/4


https://www.mhc.tn.gov.in/judis/
                                                                                   W.A.No.1369 of 2021




                                                       JUDGMENT

(Judgment of the Court was made by M.M.SUNDRESH,J.)

This writ appeal has been preferred against the order of the learned

single Judge in W.P.No.10318 of 2019 dated 27.01.2020, who in turn,

dismissed it on the ground of principle of res judicata would apply as the

earlier writ petition filed was dismissed on 25.09.2013.

2.Though the learned counsel appearing for the appellant seeks to

contend on merit on the premise that the subsequent material can be taken

into consideration, we are of the view that the reasoning of the learned

single Judge is correct. Any new material can only be a ground and not by

way of separate writ petition.

3.Taking into consideration the fact that the appellant seeks a

reference and further taking note of the delay that has occurred due to the

filing of the present writ proceedings, we are inclined to grant further period

of eight weeks from the date of receipt of a copy of this judgment to file a

https://www.mhc.tn.gov.in/judis/ W.A.No.1369 of 2021

review, if so advised, to review the order passed in W.P.26671 of 2013 on

25.09.2013, in which case, the Registry is directed to number it, without

insisting upon the petition for condonation of delay.

4.The writ appeal stands disposed of accordingly. No costs.

                                                              (M.M.S., J.)    (C.S.N., J.)
                                                                      19.07.2021

Note : Issue order copy on 22.07.2021.

raa

To

1.The District Collector, Tiruvallur District, Tiruvallur.

2.The Special Tahsildhar, (Land Acquisition), Unit-2, Krishna Water Supply Project, Tiruvallur.

https://www.mhc.tn.gov.in/judis/ W.A.No.1369 of 2021

M.M.SUNDRESH, J.

and C.SARAVANAN, J.

raa

W.A.No.1369 of 2021

19.07.2021

https://www.mhc.tn.gov.in/judis/