Madras High Court
K.S. Lakshmi Narayanan vs M. Sasikumar on 28 October, 2021
W.A.No. 2595 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN
AND
THE HONOURABLE MR.JUSTICE R. VIJAYAKUMAR
W.A.No. 2595 of 2021 and
C.M.P. No. 16943 of 2021
K.S. Lakshmi Narayanan ...Appellant
..Vs..
1. M. Sasikumar
2. D. Mythili
3. A. Arunmozhi
4. The State of Tamil Nadu represented
by the Principal Secretary to Government
Commercial Taxes and Registration Department
Secretariat, Chennai – 9.
5. The Commissioner of Commercial Taxes,
Ezhilagam, Chepauk, Chennai – 5. ....Respondents
Prayer: Writ Appeal filed under Clause 15 of Letter Patent Act, to set
aside the order dated 05.07.2021 passed by this Court in W.P.No.4785 of
2021.
1/5
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W.A.No. 2595 of 2021
For Appellant : Mr.V. Vijayashankar
for Ms. Adithya Reddy
For Respondents : Mr.M.Ravi for R1 to R3
Mr.K.Tippusultan for R4 & R5
Government Advocate.
*****
JUDGMENT
(Judgment of the Court was delivered by S.VAIDYANATHAN,J)
This Writ Appeal is filed against the interim order of the learned
Single Judge dated 05.07.2021 passed in W.P.Nos.4785 and 10126 of
2021.
2. The learned counsel appearing for the Appellant submitted that
the Appellant is the third party and despite the allegations made against him
in the Writ Petitions, he was not made as a party in the Writ Petitions. He
further submitted that the entire promotion has been stalled, in view of the
interim order granted by this Court on 23.04.2021 and subsequently
extended on 05.07.2021.
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W.A.No. 2595 of 2021
3. The learned Government Advocate appearing for the Respondents
4 and 5 submitted that if the Appellant is so aggrieved by the interim order
passed by the learned Single Judge, he ought to have filed a petition for
vacating the interim order,without doing so, the Appellant who is not a
party to the Writ petitions has straight away approached this Court, by filing
the Writ Appeal and hence the Writ Appeal filed is not maintainable. He
further submitted that they have filed a counter in the Writ Petitions and
expected to serve copies to the Appellant herein and the Respondents.
4. We are not inclined to render any final decision in this Writ Appeal
for the reason that the Appellant/Third Party who is before this Court is
deemed to be impleaded as a Third Respondent in the Writ Petitions and
contest the case.
5. In view of the same, this Writ Appeal stands dismissed. However,
liberty is given to the Appellant herein to file a petition to vacate the interim
order and take a plea that on the ground of non-joinder of necessary parties.
It is made clear that merely, this Court has added the Appellant as a party, it
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W.A.No. 2595 of 2021
will not give right to the Respondents herein to contend that the Division
Bench has impleaded the Appellant herein as a party to the Writ Petitions.
6. We are not expressing any opinion on the order passed by the
learned Single Judge and it is open to the learned Single Judge to consider
if any petition filed for vacating the interim order, by the Appellant herein.
No costs. Consequently connected Miscellaneous Petition is closed.
[S.V.N., J.,] [R.V., J]
28.10.2021
Index: Yes/no
Internet: Yes/no
arr/shk
https://www.mhc.tn.gov.in/judis
W.A.No. 2595 of 2021
To
1. The Principal Secretary to Government
State of Tamil Nadu,
Commercial Taxes and Registration Department
Secretariat, Chennai – 9.
2. The Commissioner of Commercial Taxes,
Ezhilagam, Chepauk, Chennai – 5.
S. VAIDYANATHAN,J
and
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W.A.No. 2595 of 2021
R.VIJAYAKUMAR, J
arr/shk
W.A.No.2595 of 2021
28.10.2021
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