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2023 Supreme(Online)(MAD) 34884
MADRAS HIGH COURT
G.C.SIVARAJ – Appellant
Versus
DISTRICT REVENUE OFFICER – Respondent
WA 2816 2023
Individuals have the right to challenge unauthorized actions taken in their name, including the filing of appeals.
Headnote:
Fact of the Case:
The appellant, G.C. Sivaraj, appeared in person and denied instructing anyone to file an appeal, claiming his signature was forged.
Finding of the Court:
The court noted the appellant's denial and the counsel's withdrawal of vakalath, dismissing the writ appeal and granting the appellant liberty to pursue legal action regarding the alleged forgery.
Issues: Alleged forgery of appellant's signature and unauthorized filing of appeal.
Ratio Decidendi: The court accepted the appellant's denial of authorization and dismissed the appeal, allowing the appellant to pursue legal action regarding the alleged forgery.
Final Decision: Writ appeal dismissed, with liberty to the appellant to pursue legal action regarding the alleged forgery.
W.A. No. 2816 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.12.2023
CORAM
THE HON’BLE MR. JUSTICE S. VAIDYANATHAN
AND
THE HON’BLE MR. JUSTICE K. RAJASEKAR
W.A. No. 2816 of 2023
&
C.M.P. Nos. 23493 & 23496 of 2023
G.C. Sivaraj
..Appellant
Vs.
1.
District Revenue Officer,
Collectorate,
Coimbatore District – 641 018.
2.
Revenue Divisional Officer,
Collectorate,
Coimbatore District – 641 018.
3.
Thasildar,
Coimbatore North Taluk,
Coimbatore District – 641 018.
4.
G.R. Karthikeyan
5.
Mrs. Prema Govindasamy
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W.A. No. 2816 of 2023
6.
Mr.U. Balaji
7.
Mr.K.R. Jayaram
8.
Green Valley Shelters Pvt. Ltd.,
Joint Venture Partner,
Rep. by its Managing Director,
Mr.Tirumuruhan K.R.,
No.21, Bawa Road,
Alwarpet, Chennai – 600 018.
..Respondents
Prayer:
Writ Appeal as against the order dated 07.09.2023 passed in
W.P. No. 29221 of 2023.
For Appellant
::
Mr.G. Gokul
For Respondents
::
Mr.Ramanlal,
Addl. Advocate General
assisted by
Mr.A. Selvendran,
Special Govt. Pleader for
R1 to R3
J U D G M E N T
(Delivered by S. Vaidyanathan,J.)
When the matter is taken up for hearing, Mr.G.C.
Sivaraj, the appellant herein, appeared in person and submitted that his
signature was forged and he had not instructed anyone to file an appeal.
2.
Learned counsel for the appellant would submit that the
affidavit was prepared and the signature was obtained at Coimbatore and
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W.A. No. 2816 of 2023
based on the instructions from the counsel at Coimbatore, the present appeal
was filed. He would further submit that he is not aware of the allegations
made by the party in person, who is present before this Court and that he is
withdrawing the vakalath.
3.
The appellant has made an endorsement in the bundle to the
effect that the signature found in the vakalath and affidavit does not belong
to him. The learned counsel for the appellant has also made an endorsement
in the bundle that he is withdrawing his vakalath.
4.
Taking note of the aforesaid submissions, the writ appeal stands
dismissed giving liberty to the appellant, who is present before this Court to
proceed in accordance with law as to whether there is any forgery of his
signature and any person is involved. If any such complaint is made, the
appropriate authorities and the Police will have to bring the issue to its
logical conclusion. No costs. Connected C.M.Ps. are closed.
(S.V.N.J) (K.R.S.J.)
nv
22.12.2023
To
1.
District Revenue Officer,
Collectorate,
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W.A. No. 2816 of 2023
Coimbatore District – 641 018.
2.
Revenue Divisional Officer,
Collectorate,
Coimbatore District – 641 018.
3.
Thasildar,
Coimbatore North Taluk,
Coimbatore District – 641 018.
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W.A. No. 2816 of 2023
S. VAIDYANATHAN,J.
AND
K. RAJASEKAR,J.
nv
W.A. No. 2816 of 2023
22.12.2023
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