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G.Desingu v. the Union of India

Madras HC19 Jan 2026WP/543/2026

Case brief

AI extract

What is this about?

Madras High Court; Abdul Quddhose J.; writ petition; motor accident; exparte MACT award; Tahsildar-cum-executive magistrate Oulgaret; revenue recovery notice dated 22.10.2025 No.4826/TOO/D/RR/2025; Puducherry; Oriental Insurance Co Ltd; Article 226 Constitution of India; remedy lies with Motor Accidents Claims Tribunal; set-aside application pending; stay of enforcement; writ petition disposed; connected WMP No. 648 of 2026 closed; no costs; 19-01-2026.

What did the court decide?

Writ petition disposed of by directing the petitioner to approach the Motor Accidents Claims Tribunal to seek setting aside of the exparte award and stay of its enforcement; connected WMP No. 648 of 2026 closed; no costs. ¶31

G.Desingu Vs the Union of India — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the writ petition under Article 226 challenging the notice dated 22.10.2025 issued pursuant to the exparte award of the Motor Accidents Claims Tribunal can be entertained while the petitioner's application to set aside the exparte award remains pending before the Tribunal.

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Court's answer

The relief sought in the writ petition cannot be granted by this Court; the petitioner has to redress his grievance only before the Motor Accidents Claims Tribunal.

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Ratio / Principle

This Court under Article 226 of the Constitution of India cannot interfere with the notice issued pursuant to the exparte award unless and until the award is set aside or stayed by the Motor Accidents Claims Tribunal.

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Key takeaways

Where the petitioner has already approached the Motor Accidents Claims Tribunal to set aside the exparte award, he must pursue his remedies only before that Tribunal and cannot file a separate writ petition challenging the notice issued pursuant to the award.ratio¶30

Detailed headnote1 paragraphs

Writ Petition (WP No. 543 of 2026, High Court of Judicature at Madras, Abdul Quddhose J., 19-01-2026): G. Desingu challenged the notice dated 22.10.2025 (No.4826/TOO/D/RR/2025) issued by the Tahsildar-cum-executive magistrate pursuant to an exparte Motor Accidents Claims Tribunal award, seeking its quashing under Article 226. Held: relief unavailable before this Court; where a set-aside application is already pending before the Tribunal, the petitioner must seek setting aside of the award and stay of enforcement only before the Tribunal, and Article 226 cannot be invoked against a notice issued pursuant to an unstayed, un-set-aside exparte award. Petition disposed of with a direction accordingly; connected WMP closed; no costs.

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WP No. 543 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 19-01-2026

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CORAM

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THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE WP No. 543 of 2026 AND WMP NO. 648 OF 2026

G.Desingu

Petitioner(s)

The Union Of India rep. by its Chief Secretary, Government of Puducherry, Puducherry.

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2.The sub collector (revenue) North, Government of Puducherry, Kamaraja Salai, New Saram, Puducherry-605 013

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3.The Tahsildar-cum-executive magistrate, Taluk office Oulgaret, Revenue Department, Government of Puducherry, ECR road, Pakkumudayanpet, Puducherry-605 008

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4.The Managing Director Oriental Insurance co Ltd, No.669, Kamala Arcade, 2nd floor, Anna Salai, Chennai.

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Respondent(s)

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PRAYER

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calling for the records of the impugned notice dated 22.10.2025 vide No.4826/ TOO/D/ RR/ 2025 issued by the 3rd respondent and quash same as it is being illegal, arbitrary, Highhanded and without Jurisdiction.

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

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WP No. 543 of 2026

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For Petitioner(s): Mr.V.P.Chamuraj For Respondent(s): Mr.V.Vasanthakumar, AGP(pondy) for R1 to R3

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ORDER

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This writ petition has been filed, challenging the impugned notice dated

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22.10.2025 issued by the third respondent pursuant to the award passed by the Motor Accidents Claims Tribunal against the petitioner.

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2.Under the aforesaid award, the petitioner has been called upon to pay certain sum of money on account of a motor accident. The petitioner claims that he has already filed an application before the Motor Accidents Claims Tribunal seeking to set aside the exparte award and the said application is pending. Therefore, he contends that since the said application is pending, no coercive steps can be taken against the petitioner by the third respondent through the impugned notice dated 22.10.2025.

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3.Mr.V.Vasanthakumar, learned Additional Government Pleader

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(Puducherry) accepts notice on behalf of the respondents 1 to 3.

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4.The relief that is sought for in this writ petition cannot be granted by

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this Court. The petitioner has to redress his grievance only before the Motor Accidents Claims Tribunal. Admittedly, the petitioner has already filed an

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

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WP No. 543 of 2026

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application before the Motor Accidents Claims Tribunal seeking to set aside the exparte award. The petitioner will have to seek for stay of the exparte award only before the Motor Accidents Claims Tribunal. The impugned notice dated 22.10.2025 has been issued by the third respondent only pursuant to the exparte award passed against the petitioner. This Court under Article 226 of the Constitution of India cannot interfere with the same unless and until the award is set aside or the award is stayed by the Motor Accidents Claims Tribunal.

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5.When the petitioner has already approached the Motor Accidents Claims Tribunal seeking to set aside the exparte award, necessarily, he has to approach only the Motor Accidents Claims Tribunal and not to file a separate writ petition before this Court, challenging the impugned notice, which has been issued pursuant to the passing of the award by the Motor Accidents Claims Tribunal.

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6.For the foregoing reasons, this writ petition is disposed of by directing the petitioner to approach the Motor Accidents Claims Tribunal, which has passed the award against him seeking for setting aside the said award as well as for seeking stay of enforcement of the award. Consequently, connected WMP is closed. No costs.

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vga

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19-01-2026

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

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WP No. 543 of 2026

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1.The Union Of India rep. by its Chief Secretary, Government of Puducherry, Puducherry.

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2.the sub collector (revenue) North, Government of Puducherry, Kamaraja Salai, New Saram, Puducherry-605 013

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3.The Tahsildar-cum-executive magistrate, Taluk office oulgaret, Revenue Department, Government of Puducherry, ECR road, Pakkumudayanpet, Puducherry-605 008

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4.The Managing Director Oriental Insurance co Ltd, No.669, Kamala Arcade, 2nd floor, Anna Salai, Chennai.

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

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WP No. 543 of 2026

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ABDUL QUDDHOSE J.

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vga

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WP No. 543 of 2026 AND WMP NO. 648 OF 2026