Citation : 2021 Latest Caselaw 23192 Mad
Judgement Date : 26 November, 2021
W.A(MD)No.2127 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.11.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.A(MD)No.2127 of 2021
and
C.M.P(MD) No.9905 of 2021
A.V.Panchavarnam :Appellant/Ist Respondent/Petitioner/Petitioner
Vs.
1.The Managing Director
Tamil Nadu Women Development Corporation
Chennai. :Respondent/Petitioner No.1/Respondent No.1/
Respondent No.1
2.The Commissioner of Municipal Administration,
Chennai. :Second Respondent/Second Respondent/
Second Respondent/Second Respondent
3.The District Collector
Madurai . :Third Respondent/2nd Petitioner/Third
Respondent/Third Respondent
4.The Commissioner
Madurai Corporation,
Madurai. :Fourth Respondent/Third Respondent/Fourth
Respondent/Fourth Respondent
5.The Additional Director / Project Officer,
1/6
https://www.mhc.tn.gov.in/judis
W.A(MD)No.2127 of 2021
Tamil Nadu State Rural Livelihood Mission,
Unit - I,
Madurai. :Fifth Respondent/Third Petitioner/Fifth
Respondent/Fifth Respondent
6.M.Prabakar
Holding O/o. The Additional Director / Planning Director,
Tamil Nadu State Rural Livelihood Mission,
Unit - I,
Madurai. : Sixth Respondent/Sixth Respondent/Sixth
Respondent/Sixth Respondent
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent
praying this Court to set aside the order passed by this Court in
W.M.P(MD)No.9234 of 2021 in W.M.P(MD) No.3838 of 2021 in
W.P(MD) No.4729 of 2021, dated 10.11.2021.
For Appellant : Mr.M.Gururaj
For Respondents : Mr.Veerakathiravan,
Additional Advocate General-III
Assisted by Mr.P.Subbaraj,
Special Government Pleader
JUDGMENT
[Judgment of the Court was made by PUSHPA SATHYANARAYANA,J.]
The Writ Appeal is directed against the order vacating the stay in
W.M.P(MD)No.9234 of 2021 in W.M.P(MD) No.3838 of 2021 in
W.P(MD) No.4729 of 2021, dated 10.11.2021.
https://www.mhc.tn.gov.in/judis W.A(MD)No.2127 of 2021
2.Heard the learned counsel appearing on either side and perused
the materials placed before this Court.
3.Initially, the Writ Court had granted stay on 8.3.2021. When the
matter was listed on 9.11.2021, there was no representation for the
Petitioner and therefore, the matter was posted under the caption ''for
dismissal'' on 10.11.2021. Since there was no representation for the
Petitioner on that day also, the Writ Court had vacated the stay already
granted on 8.3.2021 in W.M.P(MD) No.3838 of 2021 in W.P(MD) No.
4729 of 2021 and the Writ Petition is directed to be posted for hearing
in the regular course.
4.The learned counsel for the appellant, instead of moving the
learned Single Judge, had rushed to this Court by filing the present Writ
Appeal. It is only due to the action of the learned counsel for the
appellant, the Court was made to vacate the stay and it is not decided on
merits. Therefore, this Court also cannot decide the matter on merits,
excepting a direction being given to the Writ Court to dispose of the
Writ Petition within a time frame.
https://www.mhc.tn.gov.in/judis W.A(MD)No.2127 of 2021
5.In such view of the matter, a direction is given to the Writ Court
to dispose of the Writ Petition filed by the appellant/Writ Petitioner in
W.P(MD)No.4729 of 2021 at the earliest, however, not later than one
month, in view of the urgency expressed by the learned counsel for the
Petitioner.
6.The learned counsel for the Petitioner submitted that he has filed
an application to recall the order impugned herein. In view of the above
submission, Registry is directed to number the application, if it is in
order and shall be taken on file by the learned Single Judge.
7.With the above directions, the Writ Appeal stands disposed of.
No costs. Consequently, connected Miscellaneous Petition is closed.
[P.S.N.,J.] [P.V.,J.]
26.11.2021
Index:Yes/No
Internet:Yes/No
vsn
https://www.mhc.tn.gov.in/judis W.A(MD)No.2127 of 2021
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The Managing Director Tamil Nadu Women Development Corporation Chennai.
2.The Commissioner of Municipal Administration, Chennai.
3.The District Collector Madurai .
4.The Commissioner Madurai Corporation, Madurai.
5.The Additional Director / Project Officer, Tamil Nadu State Rural Livelihood Mission, Unit - I, Madurai.
https://www.mhc.tn.gov.in/judis W.A(MD)No.2127 of 2021
PUSHPA SATHYANARAYANA, J.
AND P.VELMURUGAN, J.
vsn
JUDGMENT MADE IN W.A(MD) No.2127 of 2021
26.11.2021
https://www.mhc.tn.gov.in/judis
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