Lakshmiammal vs The Tahsildar
2023 Latest Caselaw 9934 Mad

                                                                                 W.A.No.1236 of 2017

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 08.08.2023

                                                     CORAM :

                                   THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
                                                         and
                                     THE HONOURABLE MR.JUSTICE P. B.BALAJI
                                              W.A.No.1236 of 2017 and
                                               CMP No.17206 of 2017
                     1. Lakshmiammal
                     2. Vimala
                     3. Arunagiri
                     4. Gopalakrishnan
                     5. Shankunthala
                     6. Jogan
                     7. Kanchanamala
                     8. J.Sangeetha
                     9. J.Kousalya Devi                                         ... Appellants

                                              Vs.

                     1. The Tahsildar, Kudah Revenue Village,
                        Kundah, The Nilgiris.
                     2. B.Dasaradhan
                     3. B.Munusamy
                     4. R.Sekar                                                ... Respondents


                     Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the

                     order passed by this Court in W.P.No.13972 of 2004 dated 30.06.2017.


                     Page 1 of 4


https://www.mhc.tn.gov.in/judis
                                                                                        W.A.No.1236 of 2017

                                  For Appellants           : Mr.Bagavath Krishnan
                                                            for Mr.T.K.Bhaskar
                                  For Respondents          : Mr.U.M.Ravichandran,
                                                            Special Government Pleader for R1
                                                          JUDGEMENT

(Judgment of the Court was delivered by D.KRISHNAKUMAR, J.)

This Intra Court Appeal has been filed by the writ petitioners to

quash the orders passed by the learned single Judge in W.P.No.13972 of

2004 dated 30.06.2017, whereby the Writ Court has observed that the

parties are at liberty to resolve the dispute through the civil court and take

appropriate action in this regard.

2. A perusal of the records shows that in this writ appeal, notice was

ordered on 27.09.2017. Thereafter, on 08.07.2021, when the matter was

listed for hearing, there was no representation for the appellant.

Subsequently, fresh notice to the respondents was ordered on 11.11.2022.

However, when the matter was listed on 22.06.2023 service of notice to the

respondents was not completed. Further, on 10.07.2023, the appellants

were directed to take steps to serve notice to the respondents 2 to 5 and the

https://www.mhc.tn.gov.in/judis W.A.No.1236 of 2017

matter was directed to be listed on 08.08.2023. Today also, service was not

completed and no steps have been taken to service notice to the

respondents 2 to 4.

3. Considering the above, we are of the view that the appellants are

not interested in prosecuting the case and hence, we are not inclined to

entertain this writ appeal.

4. Accordingly, this writ appeal is dismissed. No costs.

Consequently, connected miscellaneous petition is closed.

                                                                            (D.K.K.J.)     (P.B.B.J.)
                                                                                  08.08.2023


                     Internet: Yes/No
                     Index : Yes/No
                     mst

                     To

1. The Tahsildar, Kudah Revenue Village, Kundah, The nilgiris.

https://www.mhc.tn.gov.in/judis W.A.No.1236 of 2017

D.KRISHNAKUMAR, J.

and P. B.BALAJI, J.

mst

W.A.No.1236 of 2017

08.08.2023

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