K.Sujitha vs The Superintending Archeologist
2022 Latest Caselaw 14746 Mad

                                                                              W.A.No.1846 of 2022



                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED:        23.08.2022

                                                       CORAM :

                        THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
                                                         AND
                                         THE HON'BLE MRS.JUSTICE N.MALA


                                            Writ Appeal No.1846 of 2022
                     K.Sujitha                                                .. Appellant

                                                         Vs

                     1.The Superintending Archeologist,
                      Archeological Survey of India,
                      Chennai Circle,
                      Fort St. George, Chennai-600 009.

                     2.The Conservation Assistant,
                       Archeological Survey of India,
                       3B, Parai Vattam,
                       AVR Complex - First Floor,
                       Alagapuram,
                       Salem-636 016.                                         .. Respondents

                     Prayer : Writ Appeal filed under Clause 15 of the Letters Patent
                     against the order dated 08.12.2021 in W.M.P.No.23243 of 2021 in
                     W.P.No.15727 of 2020.


                                   For the Appellant          : Mr.V.Rajesh



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                                                                                W.A.No.1846 of 2022




                                                         JUDGMENT

(Delivered by the Hon'ble Chief Justice)

The writ appeal has been filed against the order dated

08.12.2021 passed in W.M.P.No. 23243 of 2021 filed by the petitioner

in W.P.No.15727 of 2020.

2. The facts available on record show that a writ petition was

filed by the petitioner to seek vehicular access adjacent to the

petitioner's land, which was not possible in view of fencing. The

court, by its order dated 22.03.2021, directed the respondents herein

to comply with the undertaking given by them in paragraph 9 of the

counter-affidavit by removing the fence put up in front of Kalaivanan's

property situated in Survey No.119, Attur, to enable the petitioner to

have vehicular access adjacent to the petitioner's land. After the order

aforesaid, W.M.P.No.23243 of 2021 was filed to seek 18 feet width

passage. The Court, finding it to be the prayer not made in the writ

petition, did not entertain W.M.P.No.23243 of 2021, but the petitioner

was given liberty to file a fresh writ petition in reference to issue

aforesaid.

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https://www.mhc.tn.gov.in/judis W.A.No.1846 of 2022

3. The petitioner did not specify the actual width of the passage

in the earlier writ petition, however, subsequently filed an application

seeking 18 feet width passage. We do not find any illegality in the

order, because W.M.P.No.23243 of 2021 cannot be filed to seek the

prayer beyond the scope of the prayer in the writ petition.

4. Therefore, finding no merit in the writ appeal, the same is

dismissed. There will be no order as to costs. Consequently,

C.M.P.No.13488 of 2022 is closed.

                                                                   (M.N.B., CJ.)     (N.M., J.)
                                                                          23.08.2022
                     Index : Yes/No
                     bbr

                     To

1.The Superintending Archeologist, Archeological Survey of India, Chennai Circle, Fort St. George, Chennai-600 009.

2.The Conservation Assistant, Archeological Survey of India, 3B, Parai Vattam, AVR Complex - First Floor,

____________

https://www.mhc.tn.gov.in/judis W.A.No.1846 of 2022

Alagapuram, Salem-636 016.

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https://www.mhc.tn.gov.in/judis W.A.No.1846 of 2022

THE HON'BLE CHIEF JUSTICE AND N.MALA,J.

bbr

Writ Appeal No.1846 of 2022

23.08.2022

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