Madras High Court
Anjalai vs Kolanji on 25 September, 2024
Author: D.Krishnakumar
Bench: D.Krishnakumar
C.M.P.No.21050 of 2024
and W.A.No. SR 117503 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.09.2024
CORAM :
THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE M.JOTHIRAMAN
C.M.P.No.21050 of 2024
and
W.A.No. SR 117503 of 2024
Anjalai .. Petitioner/
Appellant
Vs
1.Kolanji
2.The Tashildhar,
Ulundurpet Taluk Office,
Ulundurpet Taluk,
Kallakurichi District. .. Respondents/
Respondents
Prayer in C.M.P.No.21050 of 2024: Petition filed to grant leave to
prefer the writ appeal as against the order dated 5.1.2024 passed in
W.P.No.36528 of 2023.
Prayer in W.A.No. SR 117503 of 2024: Appeal under Clause 15 of the
Letters Patent against the order dated 5.1.2024 made in
W.P.No.36528 of 2023.
____________
Page 1 of 5
https://www.mhc.tn.gov.in/judis
C.M.P.No.21050 of 2024
and W.A.No. SR 117503 of 2024
For the Petitioner/ : Ms.R.Poornima
Appellant
JUDGMENT
(Delivered by the Hon'ble Acting Chief Justice)
The civil miscellaneous petition is filed by the petitioner to grant
leave to prefer the writ appeal as against the order dated 5.1.2024
passed in W.P.No.36528 of 2023.
2. The writ appeal (SR) is filed against the order dated 5.1.2024
made in W.P.No.36528 of 2023.
3. The first respondent/original writ petitioner has filed the writ
petition for issuance of a writ of mandamus directing the second
respondent herein to measure the land situated in S.F.No.110/F3, new
Survey No.SF No.630/1 measuring an extent of 00010 sq.ft and
S.F.No.630/17 measuring an extent of 00030 sq. ft Karaneshan Street,
Keeranur Village and earmark the boundaries by considering the first
respondent's representation dated 17.8.2022.
____________
https://www.mhc.tn.gov.in/judis
and W.A.No. SR 117503 of 2024
4. By the order dated 5.1.2024, the learned Single Judge
disposed of the writ petition with a direction to the second respondent
herein to consider the representation of the first respondent and pass
orders on merits and in accordance with law, after giving notice to the
first respondent/original writ petitioner, adjacent owners of four
boundaries of the subject properties and interested parties/rival
claimants, as the case may be and after conducting enquiry, within a
period of two months from the date of receipt of the copy of the order.
5. Learned counsel for the petitioner now contends that, on the
strength of the order of the learned Single Judge, the respondent
authority is trying to dispossess the petitioner from the property.
6. The order/direction of the learned Single Judge is only to
consider and pass orders on the representation of the first
respondent/original writ petitioner dated 17.8.2022 on merits and in
accordance with law, that too, after providing opportunity to all the
interested parties/rival claimants. That being the order/direction
____________
https://www.mhc.tn.gov.in/judis
and W.A.No. SR 117503 of 2024
issued by this Court, if the petitioner herein has any objection, she can
very well approach the second respondent herein and submit her
objection. Therefore, filing an appeal against the said order of the
learned Single Judge is a futile exercise, for which, the petitioner
cannot be granted leave.
7. Accordingly, C.M.P.No.21050 of 2024 is dismissed.
Consequently, W.A.No. SR 117503 of 2024 is rejected. There shall be
no order as to costs.
(D.K.K., ACJ.) (M.J.R, J.)
25.09.2024
Index : Yes/No
NC : Yes/No
bbr
To
The Tashildhar,
Ulundurpet Taluk Office,
Ulundurpet Taluk,
Kallakurichi District.
____________
https://www.mhc.tn.gov.in/judis
and W.A.No. SR 117503 of 2024
THE HON'BLE ACTING CHIEF JUSTICE
AND
M.JOTHIRAMAN, J.
bbr
25.09.2024
____________
https://www.mhc.tn.gov.in/judis
