Madras High Court
N.Palanisamy vs The State Of Tamil Nadu Rep. By Its on 25 January, 2022
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.01.2022
Coram
The Hon'ble Mr. Justice PARESH UPADHYAY
and
The Hon'ble Mr. Justice SATHI KUMAR SUKUMARA KURUP
W.A.No.52 of 2022
N.Palanisamy .. Appellant
Vs
1.The State of Tamil Nadu rep. by its
Secretary, Public Works Department,
Fort St. George, Chennai - 9.
2.The Chief Engineer,
Public Works Department,
Chepauk, Chennai - 5.
3.The District Collector,
Salem District, Salem.
4.The Superintending Engineer,
Public Works Department,
(Water Resources Organization),
Mel Cauvery Vadinila Vattam,
Cherry Road, Kumarasamipatti,
Salem - 636 007.
5.The Block Development Officer,
Veerapandi Panchayat Union,
Ariyanur, Salem District.
6.The Tahsildar,
Salem (South),
Maniyanur, Salem.
https://www.mhc.tn.gov.in/judis
2
7.The Divisional Engineer (Salem South),
Tamil Nadu Generation and
Electricity Distribution Corporation
(TANGEDCO), Annadhanapatti,
Salem District.
8.The Assistant Engineer,
Tamil Nadu Generation and Electricity
Distribution Corporation
(TANGEDCO), Veerapandi,
Salem District.
9.G.Shanmugasundaram
10.P.Subramani
11.R.Rathinavel ..Respondents
Appeal preferred under Clause XV of Letters Patent against the
order dated 10.03.2020 made in W.P.No.18412 of 2019.
For Appellant .. Mr.N.Umapathi
JUDGMENT
(Delivered by PARESH UPADHYAY, J.)
Challenge in this appeal is made to the order dated 10 March
2020 recorded on W.P.No.18412 of 2019. This appeal is by the original
writ petitioner.
2. Learned advocate for the appellant has submitted that
though in substance the grievance of the writ petitioner was redressed
by giving appropriate direction in para 30 of the order, observations
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are made in para 26 of the order, which prejudices the case of the writ
petitioner and therefore this appeal be entertained. Learned advocate
for the appellant has submitted that the writ petitioner as a citizen is
having right to question the action of the State Authorities and he
ought not to have been condemned as not having any locus to
question it. It is submitted that this observation has even percolated
further against the writ petitioner, while considering the interim
application being W.M.P.No.18050 of 2021 in W.P. No.19839 of 2020,
on which order is passed on 23.09.2021 which the present appellant
has challenged by filing W.A. No.2 of 2022 which is pending
consideration before the Co-Ordinate Bench of this Court. It is
submitted that this appeal be entertained.
3. Having heard learned advocate for the appellant/ writ
petitioner and having considered the material on record, this Court
finds that the impugned order of learned single Judge does not call for
any interference inasmuch as the impugned direction was dated 10
March 2020 and this appeal is filed on 27.11.2021 and it is listed for
hearing now. Recording this observation is not noted from the view
point of the application for condonation of delay, however the timing of
circulation of this appeal is more to make effective challenge to the
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order dated 23.09.2021 (which is not the subject matter before us)
and less as an independent challenge to the order dated 10 March
2020, which has been holding the field for more than one and half
year. The consequence of this order having been challenged by the
writ petitioner now and entertaining this appeal at this stage would
ultimately be a tool only in the hands of the present appellant to be
used in W.A. No.2 of 2022, which the Co-ordinate Bench of this court
is seized of. Such an attempt need not be entertained.
4. This appeal therefore needs to be dismissed. Accordingly,
this appeal is dismissed. No costs.
(P.U.J.,) (S.S.K.J.,)
25.01.2022
Index:Yes/No
mmi/9
To
1.The Secretary to Government,
Public Works Department,
Fort St. George, Chennai - 9.
2.The Chief Engineer,
Public Works Department,
Chepauk, Chennai - 5.
https://www.mhc.tn.gov.in/judis
3.The District Collector,
Salem District, Salem.
4.The Superintending Engineer,
Public Works Department,
(Water Resources Organization),
Mel Cauvery Vadinila Vattam,
Cherry Road, Kumarasamipatti,
Salem - 636 007.
5.The Block Development Officer,
Veerapandi Panchayat Union,
Ariyanur, Salem District.
6.The Tahsildar,
Salem (South),
Maniyanur, Salem.
7.The Divisional Engineer (Salem South),
Tamil Nadu Generation and
Electricity Distribution Corporation
(TANGEDCO), Annadhanapatti,
Salem District.
8.The Assistant Engineer,
Tamil Nadu Generation and Electricity
Distribution Corporation
(TANGEDCO), Veerapandi,
Salem District.
https://www.mhc.tn.gov.in/judis
PARESH UPADHYAY, J.
and
SATHI KUMAR SUKUMARA KURUP, J.
mmi
W.A.No.52 of 2022
25.01.2022
https://www.mhc.tn.gov.in/judis
