Petitioner challenged a recommendatory order as a final injunction. The court held that only a final order can infringe rights and, with liberty to challenge the subsequent order, disposed of the writ petition.
Liberty granted to challenge the final order if adverse; writ petition disposed of.
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.
1 W.P.(MD)NO.28836 OF 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.12.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.28836 of 2022 and W.M.P.(MD)No.22803 of 2022
R.Irulappan ... Petitioner
Vs.
Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, calling for the entire records pertaining to the impugned order passed by the third respondent vide his proceedings in Na.Ka.A3/3490/2019 dated 03.08.2021 and quash the same.
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2 W.P.(MD)NO.28836 OF 2022
For Petitioner : Mr.R.Anand For R-1 to R-4 : Mr.A.K.Manikkam, Special Government Pleader. * * *
O R D E R
Heard the learned counsel appearing for the writ petitioner and the learned Special Government Pleader appearing for respondents 1 to 4.
proceeding issued by the third respondent. It is only a recommendation and not a final order. A recommendation cannot violate or infringes anybody's rights. Only if the final order is passed, the petitioner can feel aggrieved.
22.12.2022
Index : Yes / No Internet : Yes/ No PMU
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To:
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G.R.SWAMINATHAN,J.
PMU
W.P.(MD)No.28836 of 2022
22.12.2022
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1 issue framed by the court
Whether a recommendatory proceeding can be challenged under Article 226 of the Constitution of India.
Irulappan
District Collector, Virudhunagar District
District Revenue Officer, Virudhunagar District
Revenue Divisional Officer, Sattur Sub-Division, Virudhunagar District
Tahsildar, Sattur Taluk, Virudhunagar District
Chinna Masanam
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
