Therefore, unless there is a judgment deciding the rights of the parties, no intra-court appeal can be maintained under Clause 15 of the Letters Patent Act. 2.This apart, the main Writ Petition itself is also taken up by us along with the connected Public Interest Litigations which are being disposed of today by separate orders. 3. For the above reasons, this Writ Appeal is dismissed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is also closed. (S.S.S.R. J.,) (D.B.C. J.,) 13.10.2023 (1/2) Index : Yes / No Neutral Citation : Yes / No Speaking Order / Non-Speaking Order klt To: 1. The Commissioner of Police, Trichy City Police Office, Pudukkottai Main Road, Subramaniapuram, Tiruchirappalli – 620 023. 2. The District Revenue Officer, Tiruchirapalli District, Collectorate Campus, Tiruchirappalli – 620 001. 3. The Joint Chief Controller of Explosives, A and D Wing, Block 1 – 8, Shastri Bhavan, No.26, Haddows Road, Nungambakkam, Chennai – 600 006. 4. The Divisional Engineer, (Construction and Maintenance) Highways Department, 25/28, Shankar Illam, Pudukottai Main Road, Subramaniyapuram, Tiruchirappalli – 620 020. 5. The Commissioner, Trichy Municipal Corporation, No.58, Bharathidasan Road, Tiruchirappalli Cantt, Tiruchirappalli – 620 001. 6. M/s. Shell India Market Privates Limited, 2nd Floor, Campus – 4A, RMZ Millenia Business Park Phase – 2, No.143, Dr. M.G.R. Road, Perungudi, Chennai – 600 096. S.S.SUNDAR, J., and D.BHARATHA CHAKRAVARTHY, J., klt Pre-Delivery Judgment in W.A.(MD).No.1020 of 2020 and C.M.P.(MD).No.5578 of 2020 13.10.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

ORDERS RESERVED ON : 29.09.2023

ORDERS PRONOUNCED ON : 13 .10.2023

CORAM:

THE HON’BLE MR. JUSTICE S.S.SUNDAR
AND
THE HON’BLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY

W.A.(MD).No.1020 of 2020
and
C.M.P.(MD).No.5578 of 2020
S.Kirubha … Appellant
Versus

1. The Commissioner of Police,
Trichy City Police Office,
Pudukkottai Main Road,
Subramaniapuram,
Tiruchirappalli – 620 023.

2. The District Revenue Officer,
Tiruchirapalli District,
Collectorate Campus,
Tiruchirappalli – 620 001.

3. The Joint Chief Controller of Explosives,
A and D Wing, Block 1 – 8,
Shastri Bhavan,
No.26, Haddows Road, Nungambakkam,
Chennai – 600 006.

4. The Divisional Engineer,
(Construction and Maintenance)
Highways Department,
25/28, Shankar Illam,
Pudukottai Main Road, Subramaniyapuram,
Tiruchirappalli – 620 020.

5. The Commissioner,
Trichy Municipal Corporation,
No.58, Bharathidasan Road,
Tiruchirappalli Cantt,
Tiruchirappalli – 620 001.

6. M/s. Shell India Market Privates Limited,
2nd Floor, Campus – 4A,
RMZ Millenia Business Park Phase – 2,
No.143, Dr. M.G.R. Road, Perungudi,
Chennai – 600 096. … Respondents

PRAYER : Writ Appeal filed under Section 15 of the Letters Patent Act, against the order dated 06.10.2020 made in W.M.P.(MD).No.11408 of 2020 in W.P.(MD).No.13751 of 2020 passed by this Court.

For Appellant : Mr.V.B.R.Menon

For Respondents : Mr.M.Linga Durai,
Special Government Pleader,
(for RR-1, 2 and 4)
: Mr.S.Jeyasingh, (for R3)
Senior Panel Counsel for Central Govt.
: Mr.N.S.Karthikeyan, (for R5)
: Mr.Jose John, (for R6)

******
J U D G M E N T

[The Judgment of this Court was made by D.Bharatha Chakravarthy, J.,]

While admitting the Writ Petition filed by the appellant in W.P.No.13751 of 2020 and ordering notice in W.M.P.(MD).No.11408 of 2020, the learned Single Judge passed the following order dated 06.10.2020:-
“The Court made the following order:-
Mr.C.Ramesh, learned Special Government Pleader, accepts notice on behalf of the respondents 1 to 4.
2.Mr.N.S.Karthikeyan, learned Standing Counsel, accepts notice on behalf of the fifth respondent.
3.Mr.John Joswa, learned counsel, accepts notice on behalf of the sixth respondent.
4.For counter and disposal, post the matter on 04.11.2020.”
Thus, it can be seen that the order does not decide the rights of the parties in any manner whatsoever and is only an order of notice to the respondents. Therefore, unless there is a judgment deciding the rights of the parties, no intra-court appeal can be maintained under Clause 15 of the Letters Patent Act.

2.This apart, the main Writ Petition itself is also taken up by us along with the connected Public Interest Litigations which are being disposed of today by separate orders.

3. For the above reasons, this Writ Appeal is dismissed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is also closed.

(S.S.S.R. J.,) (D.B.C. J.,)
13.10.2023
(1/2)

Index : Yes / No
Neutral Citation : Yes / No
Speaking Order / Non-Speaking Order

klt

To:

1. The Commissioner of Police,
Trichy City Police Office,
Pudukkottai Main Road,
Subramaniapuram,
Tiruchirappalli – 620 023.

2. The District Revenue Officer,
Tiruchirapalli District,
Collectorate Campus,
Tiruchirappalli – 620 001.

3. The Joint Chief Controller of Explosives,
A and D Wing, Block 1 – 8,
Shastri Bhavan,
No.26, Haddows Road, Nungambakkam,
Chennai – 600 006.

4. The Divisional Engineer,
(Construction and Maintenance)
Highways Department,
25/28, Shankar Illam,
Pudukottai Main Road, Subramaniyapuram,
Tiruchirappalli – 620 020.

5. The Commissioner,
Trichy Municipal Corporation,
No.58, Bharathidasan Road,
Tiruchirappalli Cantt,
Tiruchirappalli – 620 001.

6. M/s. Shell India Market Privates Limited,
2nd Floor, Campus – 4A,
RMZ Millenia Business Park Phase – 2,
No.143, Dr. M.G.R. Road, Perungudi,
Chennai – 600 096.

S.S.SUNDAR, J.,
and
D.BHARATHA CHAKRAVARTHY, J.,

klt

Pre-Delivery Judgment in

W.A.(MD).No.1020 of 2020
and
C.M.P.(MD).No.5578 of 2020

13.10.2023