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A.V.Panchavarnam vs The Managing Director
2021 Latest Caselaw 23192 Mad

Citation : 2021 Latest Caselaw 23192 Mad
Judgement Date : 26 November, 2021

Madras High Court
A.V.Panchavarnam vs The Managing Director on 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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