V.Kumar vs Greater Chennai Corporation
2024 Latest Caselaw 15440 Mad

Madras High Court

V.Kumar vs Greater Chennai Corporation on 8 August, 2024

Author: D.Krishnakumar

Bench: D.Krishnakumar

                                                                           W.A.No.2387 of 2024



                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 08.08.2024

                                                        CORAM :

                             THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE
                                                         AND
                                        THE HON'BLE MR.JUSTICE P.B.BALAJI


                                                 W.A.No.2387 of 2024
                     V.Kumar                                               .. Appellant

                                                          Vs

                     Greater Chennai Corporation,
                     rep. by its Commissioner,
                     Ripon Buildings,
                     Chennai-600 003.                                      .. Respondent


                     Prayer: Appeal under Clause 15 of the Letters Patent against the
                     order dated 5.6.2024 passed by the learned Single Judge in
                     W.P.No.12696 of 2024.


                                   For the Appellant       : Mr.Richardson Wilson
                                                             for M/s.P.Wilson Associates

                                   For the Respondent      : Mr.S.Gopinath
                                                             Standing Counsel




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                                                                             W.A.No.2387 of 2024



                                                         JUDGMENT

(Delivered by the Hon'ble Acting Chief Justice) Mr.S.Gopinath, learned Standing Counsel, accepts notice on

behalf of the respondent.

2. By consent, the writ appeal itself is taken up for final

disposal at the admission stage.

3. Challenging the order of the learned Single Judge dated

5.6.2024 passed in W.P.No.12696 of 2024, the unsuccessful writ

petitioner has filed the present writ appeal. By virtue of the said

order, the appellant was directed to approach the appellate authority.

4. After some arguments, learned counsel for the appellant

fairly agreed that the appellant will file an appeal before the

appellate authority and liberty be granted to the appellant to raise all

contentions, including the issue of jurisdiction of the appellate

authority, in the said appeal. He would also submit that the

appellate authority may be directed to pass orders on the appeal

uninfluenced by any of the observations made by the learned Single

Judge.

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5. In the light of that, we are not inclined to interfere with the

order of the learned Single Judge. As rightly held by the learned

Single Judge, the appellant has efficacious alternate remedy before

the appellate authority. The appellant shall file an appeal before the

appellate authority within a period of two weeks from the date of

receipt of a copy of this judgment. In that event, all contentions,

including the issue of jurisdiction of the appellate authority, are kept

open. On such appeal being filed, the appellate authority is directed

to consider the same on its own merits and in accordance with law

and take a decision uninfluenced by any of the observations made by

the writ Court, as expeditiously as possible.

6. With the above observation, the writ appeal is disposed of.

There shall be no order as to costs. Consequently, C.M.P.Nos.16910,

16913 and 16916 of 2024 are closed.

                                                                   (D.K.K., ACJ.)          (P.B.B, J.)
                                                                                    08.08.2024

                     Index              :     Yes/No

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NC : Yes/No bbr

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To

The Commissioner, Greater Chennai Corporation, Ripon Buildings, Chennai-600 003.

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THE HON'BLE ACTING CHIEF JUSTICE AND P.B.BALAJI, J.

bbr

08.08.2024

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