This writ appeal challenged a Single Judge's order imposing Rs.25,000 costs on the appellant for dismissing his writ petition due to incomplete disclosure of non-compliance with a conditional order. The High Court dismissed the appeal, upholding the Single Judge's view.
The writ appeal was dismissed; there will be no order as to costs on the appeal.
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.670 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.03.2023
CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.No.670 of 2023
O.K.Kumar
.. Appellant
Vs
Omalur, Salem District.
3.The Sale Officer, O/o. The Deputy Registrar of Co-operative Societies, Omalur Circle, S 777, Nangavalli PACCS Ltd., Nangavalli, Nangavalli (Post) – 636 454 Mettur Taluk, Salem District. .. Respondents
Prayer: Appeal under Clause 15 of the Letters Patent against the order dated 16.11.2022 passed by the learned Single Judge in W.P.No.30461 of 2022.
Page 1 of 7
W.A.No.670 of 2023
For the Appellant : Mr.R.Marudhachalamurthy For the Respondents : Mr.P.Balathandayutham Spl. Government Pleader
JUDGMENT
(Delivered by the Hon'ble Acting Chief Justice)
The unsuccessful writ petitioner has filed this writ appeal challenging the order dated 16.11.2022 passed by the learned Single Judge in W.P.No.30461 of 2022, whereby costs assessed at Rs.25,000/- were imposed on the appellant while dismissing the writ petition.
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W.A.No.670 of 2023
26.6.2018 by confirming the order passed by the first respondent. Challenging the said order, the appellant filed W.P.No.5177 of 2019 and a learned Single Judge of this Court, by order dated 25.2.2019, directed the appellant to pay 50% of amount stated in the order passed by the first respondent. The appellant for reasons beyond his control did not comply with the said conditional order. In paragraph (5) of the affidavit filed in support of W.P.No.30461 of 2022, the appellant had stated about the filing of W.P.No.5177 of 2019 and its pendency. However, he pleaded that the learned Single Judge erroneously concluded that the appellant had willfully withheld and suppressed a vital fact that the appellant had not complied with the conditional order dated 25.2.2019 and, therefore, dismissed the writ petition by imposing costs.
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W.A.No.670 of 2023
appellant is entitled to maintain the writ petition filed to set aside the attachment order and the consequential sale notice. He pleaded that this aspect has been completely overlooked by the learned Single Judge.
this appeal he is only questioning the costs imposed by the learned Single Judge while dismissing the writ petition.
Page 4 of 7
W.A.No.670 of 2023
W.P.No.5177 of 2010 is still pending consideration. However, the fact that the appellant did not comply with the conditional order passed by the learned Single Judge has not been disclosed. Therefore, the learned Single Judge observed that the appellant had approached this court with incomplete disclosures and there is a conscious intention to suppress the facts. Consequently, the learned Single Judge imposed costs assessed at Rs.25,000/- by observing that the appellant has to seek relief in W.P.No.5177 of 2019, which is pending.
Page 5 of 7
W.A.No.670 of 2023
For the foregoing reasons, the writ appeal is dismissed. There
will be no order as to costs. Consequently, C.M.P.No.6709 of 2023 is closed.
(T.R., ACJ.) (D.B.C., J.) 24.03.2023 Index : No Neutral Citation : No sasi
To:
1.The Deputy Registrar, Registrar Office of Co-operative Societies, Omalur Region, Omalur, Salem District.
2.The Special Officer, S.M.81 Omalur Urban Co-operative Bank, Mettur Main Road, Omalur, Salem District.
3.The Sale Officer, O/o. The Deputy Registrar of Co-operative Societies, Omalur Circle, S 777, Nangavalli PACCS Ltd., Nangavalli, Nangavalli (Post) – 636 454 Mettur Taluk, Salem District.
Page 6 of 7
W.A.No.670 of 2023
THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(sasi)
W.A.No.670 of 2023
24.03.2023
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2 issues framed by the court
Whether the High Court should allow the writ appeal challenging the imposition of costs on the appellant for failing to disclose compliance with a conditional order.
Whether the appellant is entitled to maintain a writ petition to set aside an attachment order given non-compliance with a prior conditional order.
2 provisions across 2 enactments
O.K.Kumar
The Deputy Registrar, Registrar Office of Co-operative Societies, Omalur Region, Omalur, Salem District
The Special Officer, S.M.81 Omalur Urban Co-operative Bank, Mettur Main Road, Omalur, Salem District
The Sale Officer, O/o. The Deputy Registrar of Co-operative Societies, Omalur Circle, S 777, Nangavalli PACCS Ltd.
T.Raja
D.Bharatha Chakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
