Writ appeal against an interim order suspending a clause of a 2021 writ court order while a clarification petition filed by respondents was pending. Court declined to entertain the appeal, dismissed it without costs, permitted the appellant to file counter affidavits and raise maintainability objections before the writ court, and urged early disposal.
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W.A.No.1074 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.08.2024
CORAM :
THE HON'BLE MR. D.KRISHNAKUMAR, ACTING CHIEF JUSTICE
and
THE HONOURABLE MR.JUSTICE P.B. BALAJI
W.A.No.1074 of 2023
and CMP.Nos.10862, 25145, 25140, 10866 of 2023
S.Natarajan .. Appellant
Vs
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W.A.No.1074 of 2023
5.V.Kannan
8.The Government of Tamil Nadu, Represented by its Secretary, Home Department, Fort St.George, Chennai-600 009.
9.State represented by Superintendent of Police, Economic Offences Wing-II, Cuddalore.
10.District Revenue Officer, (Competent Authority under TNPID Act), Cuddalore.
11.PNL Limited, Cuddalore Branch Depositors Welfare Association, Govindaswamy Nagar, Cuddalore, Represented by its President, S.Ramachandran.
12.Regina Fathima Marie Saint Jacques ..Respondents
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 20.04.2023 made in WMP.No.8998 of 2023 in W.P.No.4722 of 2016.
For Appellant : Mr.K.G.Raghavan, Senior Counsel
2
W.A.No.1074 of 2023
for M/s.Preeti Mohan
For Respondents : Mr.S.Raveekumar, Govt. Pleader (Puduchery) for R1 and R2 Mr.S.Ravi, Senior Counsel for Mr.Sanjeevi for R4 to R6 Mr.R.Muniyapparaj, Assistant Public Prosecutor for R7 and R9 Mr.A.Edwin Prabakar, State Government Pleader for R8 and R10
JUDGMENT
(Judgment of the Court was made by the Hon'ble Acting Chief Justice)
This Writ Appeal has been filed as against the interim order passed
by the Writ Court dated 20.04.2023 passed in WMP.No.8998 of 2023 in W.P.No.4722 of 2016, insofar as suspending Paragraph 20 Clause (g) of the order dated 18.03.2021 passed in W.P.No.4722 of 2016, 18681 and 18683 of 2020 for a period of one week.
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W.A.No.1074 of 2023
file counter affidavit in response to the clarification petition filed by the respondents 1 and 2 and after hearing the parties, the Writ Court has granted interim order to suspend Paragraph 20 Clause (g) of the order dated 18.03.2021 passed in W.P.No.4722 of 2016, 18681 and 18683 of 2020 for a period of one week and posted for filing counter affidavit. The learned Senior Counsel for the appellant has further contended that the clarification petition filed by the respondents 1 and 2 itself is not maintainable and therefore, he has filed the instant writ appeal challenging the interim order passed in the clarification petition.
W.A.No.1074 of 2023
dated 18.03.2021 passed in W.P.No.4722 of 2016, 18681 and 18683 of 2020, wherein interim order has been granted for a period of one week and posted for filing counter affidavit and as of now, the said clarification petition is pending before the Writ Court, in such circumstances, we are not inclined to entertain this writ appeal.
that the appellant has earlier filed an appeal as against allowing of the impleading petition and it was closed and therefore, he also seeks liberty to raise objection with regard to maintainability of the impleading petition before the Writ Court. In reply, the learned Government Pleader (Puducherry) appearing for the respondents 1 and 2 submitted that the earlier writ appeal has been filed as against the extension of interim order and it was not filed as against the impleading petition as contended by the learned Senior Counsel for the appellant.
W.A.No.1074 of 2023
affidavits before the Writ Court within a period of two weeks from today as
to the maintainability of the petitions. The learned Single Judge shall endeavour to consider the request of the parties for disposal of the clarification petition at the earliest, preferably within a period of two months and the parties concerned shall also cooperate for early disposal of the application.
Internet: Yes/No Index : Yes/No Jvm
To
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O/o. The Collectorate, (Competent Authority under PPIDFE Act) Pondicherry.
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W.A.No.1074 of 2023
THE HON'BLE ACTING CHIEF JUSTICE and P.B. BALAJI, J.
Jvm
W.A.No.1074 of 2023
20.08.2024
8
S.Natarajan
Union of India, Represented by its Secretary (Home), Government of Pondicherry
The Deputy Collector (North), O/o. The Collectorate (Competent Authority under PPIDFE Act), Pondicherry
Pondicherry Non Banking Investors Protection Association of PNL Nidhi Limited, Represented by its President Govindasamy
The PNL Nidhi Limited
V.Kannan
D.Krishnakumar
P.B. Balaji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
