Madras High Court
S.T.Lingasugirtha vs The Government Of Tamil Nadu on 8 December, 2022
W.A(MD)No.501 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.A(MD)No.501 of 2022
S.T.Lingasugirtha ... Appellant/Petitioner
vs.
1.The Government of Tamil Nadu,
Represented by its Secretary to Government,
Municipal Administration & Water Supply Department,
St. George Fort,
Chennai – 600 009.
2.The Commissioner of Municipal Administration,
No.78, Urban Administrative Building,
Sathome High Road, MRC Nagar,
Raja Annamalaipuram,
Chennai – 600 028.
3.The District Collector,
Kanyakumari @ Nagercoil,
Nagercoil – 629 001,
Kanyakumari District.
4.The Nagercoil Municipal Corporation,
166, Balamore Road,
Nagercoil – 629 001,
Kanyakumari District,
Represented by its
Municipal Commissioner. ... Respondents/Respondents
1/7
https://www.mhc.tn.gov.in/judis
W.A(MD)No.501 of 2022
PRAYER : Writ Appeal filed under Clause 15 of Letters Patent to set aside
the order, dated 01.02.2021 passed in W.P(MD)No.19877 of 2020 on the file
of this Court.
For Appellant : Mr.R.Gowri Shankar
For RR 1 to 3 : Mr.K.Balasubramani
Special Government Pleader
For R – 4 : Mr.P.Aathimoola Pandian
JUDGMENT
[Judgment of the Court was made by D. KRISHNAKUMAR, J.)
Challenging the order, dated 01.02.2021 passed by the learned
Single Judge in W.P(MD)No.19877 of 2020, this Writ Appeal has been
preferred by the appellant / writ petitioner.
2.The appellant / writ petitioner has filed the abovesaid Writ
Petition challenging the impugned notice issued by the fourth respondent,
dated 07.12.2020.
https://www.mhc.tn.gov.in/judis
W.A(MD)No.501 of 2022
3.The learned Single Judge, by common order, dated 01.02.2021,
along with the Writ Petition and etc batch cases, passed the following
order:-
“2.In view of the aforesaid submission made by
the learned counsel for the writ petitioners, I permit the
petitioners to move before the respondents. The petitioners
are at liberty to file their representations before the fourth
respondent, who will in turn forward the same to the first
and second respondents along with their note. It is for the
first and second respondents to pass orders in accordance
with law as they deem fit. This Court refrains from deciding
the issue in case of the writ petitioners herein.
3.The Writ Petitions are disposed of accordingly.
No costs. Consequently, connected miscellaneous petitions
are closed.”
Challenging the said impugned order, dated 01.02.2021, the appellant has
filed the present Writ Appeal.
https://www.mhc.tn.gov.in/judis
W.A(MD)No.501 of 2022
4.Today, when the matter was taken up for hearing, the learned
counsel appearing for the appellant submitted that in similar matter, one of
the writ petitioner preferred an appeal in W.A(MD)No.754 of 2021 and the
said Writ Appeal has been allowed and the Writ Appeal filed by the
Corporation in W.A(MD)No.428 of 2021 has been dismissed. Challenging the
dismissal order, the fourth respondent Commissioner, Nagercoil Municipal
Corporation has preferred a Special Leave Petition in Appeal (C)Nos.
7792-7793/2022 before the Supreme Court and the Supreme Court, by
order dated 02.05.2022, stayed the petition and further, he submitted that
the direction of the Writ Court is only to consider the representation of the
petitioner.
5.The learned counsel appearing for the fourth respondent has
brought to the notice of this Court that challenging the order passed in the
Writ Appeal, the fourth respondent has also preferred a Special Leave
Petition before the Supreme Court and interim stay has been granted.
Therefore, the appellant is not entitled to the relief as sought for in the
present Writ Appeal, as the same is pending before the Supreme Court.
https://www.mhc.tn.gov.in/judis
W.A(MD)No.501 of 2022
6.At this stage, we are not inclined to go into the merits of the
case. The order passed by the learned Single Judge is only to consider the
representation and it is for the respondents to consider the said
representation and pass appropriate orders on its own merits.
7.Therefore, we are not inclined to interfere with the order passed
by the Writ Court. Consequently, the same is liable to be rejected.
8.Accordingly, this Writ Appeal is dismissed. No costs.
[D.K.K.,J.] & [R.V.,J.]
08.12.2022
Index : Yes / No
Internet : Yes
ps
https://www.mhc.tn.gov.in/judis
W.A(MD)No.501 of 2022
To
1.The Secretary to Government,
Municipal Administration & Water Supply Department,
St. George Fort,
Chennai – 600 009.
2.The Commissioner of Municipal Administration,
No.78, Urban Administrative Building,
Sathome High Road, MRC Nagar,
Raja Annamalaipuram,
Chennai – 600 028.
3.The District Collector,
Kanyakumari @ Nagercoil,
Nagercoil – 629 001,
Kanyakumari District.
4.The Nagercoil Municipal Corporation,
166, Balamore Road,
Nagercoil – 629 001,
Kanyakumari District,
Represented by its
Municipal Commissioner.
https://www.mhc.tn.gov.in/judis
W.A(MD)No.501 of 2022
D. KRISHNAKUMAR,J.
and
R.VIJAYAKUMAR,J.
ps
ORDER MADE IN
W.A(MD)No.501 of 2022
08.12.2022
https://www.mhc.tn.gov.in/judis
