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S.Pancharathinam vs The State Of Tamilnadu
2021 Latest Caselaw 12500 Mad

Citation : 2021 Latest Caselaw 12500 Mad
Judgement Date : 28 June, 2021

Madras High Court
S.Pancharathinam vs The State Of Tamilnadu on 28 June, 2021
                                                                        W.A.No.1194 of 2019

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 28.06.2021

                                                       CORAM

                                     THE HON'BLE MR.JUSTICE M.M.SUNDRESH
                                                      and
                                      THE HON'BLE MS.JUSTICE R.N.MANJULA

                                               W.A.No.1194 of 2019
                                       and C.M.P.Nos.8307 and 8305 of 2019


                     S.Pancharathinam                                          .. Appellant

                                                        Vs

                     1.The State of Tamilnadu
                       Rep. by its Principal Secretary,
                       Highways and Minor Ports (HS2) Department,
                       St.Fort George,Chennai - 600 009.

                     2.The Principal Secretary and
                           Commissioner of Land Administration,
                       Ezhilagam, Chepauk,
                       Chennai - 600 005.

                     3.The District Collector,
                       O/o The District Collector,
                       Coimbatore District.

                     4.The Chief Engineer (Highways)
                       Construction and Maintenance,
                       Tamilnadu State Highways Department,
                       Ezhilagam, Merina Road,
                       Chennai - 600 005.

                     5.The District Revenue Officer,
                        Coimbatore District,
                        Coimbatore - 641 018.

                     Page 1 of 6


https://www.mhc.tn.gov.in/judis/
                                                                          W.A.No.1194 of 2019

                     6.The Revenue Divisional Officer,
                       Coimbatore (North),
                       Coimbatore - 641 018.

                     7.The Divisional Engineer(Highways)
                       Construction and Maintenance,
                       Coimbatore - 641 018.

                     8.The Superintending Engineer(Highways)
                       Construction and Maintenance,
                       Coimbatore - 641 018.

                     9.The Divisional Engineer,
                       National Highways,Coimbatore - 641 001.

                     10.The Assistant Divisional Engineer,
                        National Highways,
                        Coimbatore - 641 001.

                     11.The Assistant Engineer,
                        National Highways,
                        Section - 1,
                       Coimbatore - 641 01.

                     12.The Tahsildar,
                        Coimbatore - North,
                        Coimbatore District.

                     13.The Secretary,
                        Department of Revenue,
                        Secretariat, Fort St.George,
                        Chennai.                                             .. Respondents

                           Appeal filed under Section 15 of the Letters Patent against the
                     order dated 06.03.2018 made in W.P.No.18492 of 2017

                               For Appellant       :     Mr.Selvakumar

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


                     Page 2 of 6


https://www.mhc.tn.gov.in/judis/
                                                                              W.A.No.1194 of 2019




                                                      JUDGMENT

(Delivered by M.M.SUNDRESH, J.)

The appellant is the writ petitioner before the learned Single

Judge. The writ petition has been filed challenging the proceedings of

respondents 7 and 6 with the consequential prayer.

2. The grievance of the appellant is with respect to paragraph 7

of the order passed which proceeds on the footing that he has

consented.

3. Though the appellant has filed the affidavit as stated by the

counsel, controverting the same before us, taking note of the fact that

it is a Court of record, we are of the view that proper remedy is only to

file a review before the learned Single Judge instead of filing an

appeal. This is the law governing the land as of now.

4. In such view of the matter, the writ appeal stands disposed of

giving liberty to the appellant to file review within a period of four

weeks from the date of receipt of a copy of this judgment, in such

case, the same is expected to be numbered and taken up without

https://www.mhc.tn.gov.in/judis/ W.A.No.1194 of 2019

insisting for an application for condonation of delay. We request the

learned Single Judge to take the review application as and when it is

posted before him and make an endeavour to dispose it of within a

period of six weeks thereafter taking into consideration the fact that

the appellant is a senior citizen. No costs. Consequently, the connected

miscellaneous petitions are closed.

                                                              (M.M.S., J.)    (R.N.M., J.)
                                                                      28.06.2021
                     Index:Yes/No
                     mmi/ssm


                     To

1.The Principal Secretary, Highways and Minor Ports (HS2) Department, St.Fort George,Chennai - 600 009.

2.The Principal Secretary and Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.

3.The District Collector, O/o The District Collector, Coimbatore District.

4.The Chief Engineer (Highways) Construction and Maintenance, Tamilnadu State Highways Department, Ezhilagam, Merina Road, Chennai - 600 005.

https://www.mhc.tn.gov.in/judis/ W.A.No.1194 of 2019

5.The District Revenue Officer, Coimbatore District, Coimbatore - 641 018.

6.The Revenue Divisional Officer, Coimbatore (North), Coimbatore - 641 018.

7.The Divisional Engineer(Highways) Construction and Maintenance, Coimbatore - 641 018.

8.The Superintending Engineer(Highways) Construction and Maintenance, Coimbatore - 641 018.

9.The Divisional Engineer, National Highways,Coimbatore - 641 001.

10.The Assistant Divisional Engineer, National Highways, Coimbatore - 641 001.

11.The Assistant Engineer, National Highways, Section - 1, Coimbatore - 641 01.

12.The Tahsildar, Coimbatore - North, Coimbatore District.

13.The Secretary, Department of Revenue, Secretariat, Fort St.George, Chennai.

https://www.mhc.tn.gov.in/judis/ W.A.No.1194 of 2019

M.M.SUNDRESH, J.

and R.N.MANJULA,J.

mmi

W.A.No.1194 of 2019

28.06.2021

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

 
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