Dismissed

The Secretary, v. C.V. KavithaAbirami

Madras HC2 Jan 2023WA(MD)/1523/2022

Case brief

AI extract

What is this about?

The Madras High Court disposed of Writ Appeal W.A(MD)No.1523 of 2022. Observing that the appellants failed to file a counter-affidavit in the underlying writ petition, the Court declined to entertain the appeal, granting liberty to file a review petition instead.

What did the court decide?

Writ Appeal dismissed; liberty granted to file review petition before Single Judge within two weeks; connected Miscellaneous Petition closed.

The Secretary, Vs C.V. KavithaAbirami — Civil Procedure and Limitation | Madras HC (2023)

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W.A(MD)No.1523 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 02.01.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

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W.A(MD)No.1523 of 2022 and

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C.M.P(MD)No.12799 of 2022

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1.The Secretary,

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Ministry of Food Processing Industries (MOFPI), Panchsheel Bhawan,

August Kranti Marg,

New Delhi – 110 049.

2.The Director,

Indian Institute of Food Processing Technology, Ministry of Food Processing Industries (MOFPI), Pudukottai Road,

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Thanjavur – 613 005.

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3.The Director,

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Ministry of Food Processing Industries (MOFPI), Panchsheel Bhawan, August Kranti Marg, New Delhi – 110 049.

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... Appellants/Respondents

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vs.

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C.V.Kavitha Abirami ... Respondent/Petitioner

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1/5

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https://www.mhc.tn.gov.in/judis

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PRAYER :

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W.A(MD)No.1523 of 2022

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PRAYER : Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 12.04.2022 passed in W.P(MD)No.15902 of 2018 and W.M.P(MD)Nos.14234 of 2018 and 2254 of 2019 on the file of this Court.

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For Appellants : Mrs.L.Victoria Gowri Deputy Solicitor General of India For Respondent : Mr.V.Panneer Selvam

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JUDGMENT

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[Judgment of the Court was made by D. KRISHNAKUMAR, J.)

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Assailing the order, dated 12.04.2022 passed by the learned Single Judge in W.P(MD)No.15902 of 2018, this Writ Appeal has been filed by the appellants / respondents.

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2.According to the appellants, some of the facts were not brought to the notice of the learned Single Judge while disposing of the Writ Petition in W.P(MD)No.15902 of 2018, dated 12.04.2022 and therefore, the order passed by the learned Single Judge is liable to be set aside.

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3.Heard the learned counsel appearing on either side and perused the materials available on record.

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2/5

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https://www.mhc.tn.gov.in/judis

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W.A(MD)No.1523 of 2022

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4.On a perusal of the materials available on record, it is seen that the appellants have not filed a counter-affidavit in the Writ Petition represented by the counsel on the side of the appellants before the writ Court. In such circumstances, we are not inclined to entertain the writ Appeal. However, liberty is granted to the appellants to file a review petition before the learned Single Judge, within a period of two weeks from the date of receipt of a copy of this order, if they are so advised.

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5.With the above observation, this Writ Appeal is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

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[D.K.K.,J.] & [R.V.,J.] 02.01.2023

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Index : Yes / No Internet : Yes ps

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3/5

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https://www.mhc.tn.gov.in/judis

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W.A(MD)No.1523 of 2022

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1.The Secretary,

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Ministry of Food Processing Industries (MOFPI), Panchsheel Bhawan,

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August Kranti Marg, New Delhi – 110 049.

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2.The Director,

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Indian Institute of Food Processing Technology, Ministry of Food Processing Industries (MOFPI), Pudukottai Road,

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Thanjavur – 613 005.

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3.The Director,

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Ministry of Food Processing Industries (MOFPI), Panchsheel Bhawan,

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August Kranti Marg, New Delhi – 110 049.

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4/5

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https://www.mhc.tn.gov.in/judis

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W.A(MD)No.1523 of 2022

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D. KRISHNAKUMAR,J.

and

R.VIJAYAKUMAR,J.

ORDER MADE IN W.A(MD)No.1523 of 2022

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02.01.2023

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5/5

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https://www.mhc.tn.gov.in/judis

The Secretary, v. C.V. KavithaAbirami

Case brief

What is this about?

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The Secretary, v. C.V. KavithaAbirami

Case brief

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