The High Court dismissed the writ appeal against an order dismissing a writ petition on grounds of laches, holding that interference was unjustified since the appellant approached the court during the pendency of a related civil suit.
The writ appeal was dismissed; no order as to costs.
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.
W.A.No.2269 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.10.2022
CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR
W.A.No.2269 of 2022
G.Somasundara Mudaliar
.. Appellant
vs
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W.A.No.2269 of 2022
4.The Deputy Transport Commissioner, RTO, I Floor, Vallam Road, Pillayarpatti Post, Thanjavur-3.
5.G.Shanmugham
6.S.Gomathi
.. Respondents
Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 3.2.2022 passed in W.P.No.1378 of 2022.
For the Appellant : Mr.K.M.Subrahmaniam For the Respondents : Mrs.R.Anitha Spl. Government Pleader for respondent Nos.1 to 4
: Mrs.S.Radha Gopalan for respondent Nos.5 and 6
JUDGMENT
(Delivered by the Hon'ble Acting Chief Justice)
This writ appeal is directed against the order dated 3.2.2022 passed in W.P.No.1378 of 2022, whereby the learned Single Judge directed the appellant to await the result of the civil suit in
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W.A.No.2269 of 2022
records.
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W.A.No.2269 of 2022
dismissed. There will be no order as to costs.
the suit on its own merits, uninfluenced by the observation, if any, made by the learned Single Judge.
(T.R., ACJ.) (D.K.K., J.)
13.10.2022 Index : Yes/No bbr
To:
Copy to:
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W.A.No.2269 of 2022
The Subordinate Judge, Mannargudi.
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W.A.No.2269 of 2022
T.RAJA, ACJ. AND D.KRISHNAKUMAR,J.
bbr
W.A.No.2269 of 2022
13.10.2022
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2 issues framed by the court
Whether the writ court should interfere in an order dismissing a writ petition on grounds of laches when the civil suit is pending.
If there is a valid ground to cause interference in an order directing the appellant to await the result of a civil suit.
G.Somasundara Mudaliar
The Regional Transport Authority / District Collector, Collectorate, Nagapattinam
The Regional Transport Officer, Nagapattinam
The Transport Commissioner, Transport Department, Govt. of Tamil Nadu
The Deputy Transport Commissioner, RTO, Thanjavur
G.Shanmugham
T.RAJA
D.KRISHNAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
