Madras High Court
S.V.S.Senthil Kumar vs K.Baskaran on 4 July, 2023
W.A.No.1343 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.07.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.A.No.1343 of 2023
1. S.V.S.Senthil Kumar
2. S.V.S.Velkumar .. Appellants
Vs.
1. K.Baskaran
2. V.R.Jayasingh
3. The District Collector
Chennai District
Chennai.
4. The Tahsildar
Tondiarpet Taluk
Tondiarpet
Chennai. .. Respondents
Prayer: Appeal filed under Clause 15 of the Letters Patent against the
order dated 02.08.2022 made in W.P.No.19577 of 2022.
Page 1 of 6
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W.A.No.1343 of 2023
For the Appellants : Mr.V.Selvaraj
For Mr.D.Jayasingh
For the Respondents : Mr.P.Muthukumar
State Government Pleader
for Respondents 3 & 4
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
We have heard Mr.V.Selvaraj, learned counsel appearing on
behalf of Mr.D.Jayasingh, learned counsel for the appellants and
Mr.P.Muthukumar, learned State Government Pleader for the
respondents 3 and 4.
2. The present appeal is filed against the order dated
02.08.2022 passed by the learned Single Judge.
3. According to learned counsel for the appellants, without
issuing notice to the present appellants, the order has been passed
by the learned Single Judge disposing the writ petition. The same is
prejudicial to the interests of the appellants.
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W.A.No.1343 of 2023
4. We have perused the order passed by the learned Single
Judge. The learned Single Judge has not decided the matter on
merits. The only relief that the original writ petitioners claimed is
that the second respondent therein (Tahsildar) should measure and
fix boundaries as per the direction issued by the first respondent
therein under order dated 12.05.2022 within a time frame to be
fixed by that Court. The learned Single Judge has, in paragraph 6,
observed as under:
"6. In view of the aforesaid submissions, this Court,
without expressing any opinion on the merits of the case,
directs the second respondent to pass orders as per the
direction issued by the first respondent dated 12.05.2022 on
merits and in accordance with law, after affording an
opportunity of hearing to the petitioners as well as the
private respondents herein, within a period of twelve weeks
from the date of receipt of a copy of this order."
5. The aforesaid observation of the learned Single Judge itself
makes it clear that the Court has not expressed any opinion on the
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W.A.No.1343 of 2023
merits of the case and it has directed the second respondent to pass
orders as per the directions issued by the first respondent dated
12.05.2022 after affording the opportunity of hearing to the
petitioners as well as the private respondents therein.
6. As no order on merits has been passed by the learned
Single Judge, no question arises of using the said order in any
proceedings. The learned Single Judge only directed to decide the
matter on merits, after hearing the writ petitioners as well as the
present appellants.
7. In view of that, the writ appeal is disposed of. There will be
no order as to costs.
(S.V.G., CJ.) (P.D.A., J.)
04.07.2023
Index : Yes/No
Neutral Citation : Yes/No
kpl
https://www.mhc.tn.gov.in/judis
W.A.No.1343 of 2023
To
1. The District Collector
Chennai District
Chennai.
2. The Tahsildar
Tondiarpet Taluk
Tondiarpet
Chennai.
https://www.mhc.tn.gov.in/judis
W.A.No.1343 of 2023
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
(kpl)
W.A.No.1343 of 2023
04.07.2023
https://www.mhc.tn.gov.in/judis
