The High Court set aside a Single Judge's order dismissing a writ petition for suppression of facts. The Court held that since the subsequent withdrawn petition had a pending counter-affidavit, the first petition should have been heard on merits rather than dismissed technically.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.08.2015
CORAM
THE HON'BLE MR. JUSTICES.MANIKUMAR and THE HON'BLE MR. JUSTICE M.VENUGOPAL
W.A.No.1017 of 2015 against W.P.22812/13
JUDGMENT
(Judgment of the Court was pronounced by S.MANIKUMAR, J.)
Material on record discloses that petitioners have filed W.P.No.22812 of 2013, for issuance of a Writ of a Certiorarified Mandamus, to quash the proceedings of the District Manager, Tamil Nadu State Marketing Corporation Limited, Kakkalur, Thiruvallur District in Na.Ka.No.A2-9048-2012 dated 22.05.2013. The impugned proceedings therein, is an order of dismissal. The said Writ Petition has been filed by one Mr.Antony Arokiaraj, the learned Counsel for the petitioners therein.
“In view of the submission and endorsement made by the learned counsel appearing for the petitioners seeking permission to withdraw this writ petition, the Writ Petition is dismissed as withdrawn. No order as to costs. The connected Miscellaneous Petition is closed.''
''The challenge in this writ petition is to the order dated 22.06.2013, whereby and where under, the petitioners were removed from service by the respondent.
In the upshot, I dismiss the writ petition. No costs.''
dated 27.02.2015. Accordingly, the said order is set aside. The writ court is requested to take up the matter for disposal. No costs.
Sd/-
Asst.Registrar (J)
/true copy/
Sub Asst. Registrar
tsi
To
The District Manager,
TASMAC Limited,
No.29, 30, Industrial Estate,
Kakkalur, Thiruvallur.
+2 ccs to M/s.A.Antony Arockiaraja, Advocate, sr.42849
Copy to:
The Section Officer,
Writ Section, High Court, Madras.
W.A.No.1017 of 2015
rj(co)
kra(1/9)
3 issues framed by the court
Whether the Writ Court was justified in dismissing the appeal for suppression of the factum of a previous pending writ petition.
Whether a writ court should adjudicate a pending petition on merits when a subsequent petition on the same cause of action is withdrawn.
Whether leave is required to file a fresh writ petition on the same cause of action when a previous petition remains pending.
R.Moses Ambrose
N.Velayutham
K.Murali
N.Kalaivendan
District Manager, TASMAC Limited
S. Manikumar
M. Venugopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
