Citation : 2021 Latest Caselaw 12500 Mad
Judgement Date : 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
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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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