Writ appeals under Letters Patent clause 15 not maintainable against interim writ orders; use Article 226(3) for vacation.

This writ appeal assails the interim order dated 28.08.2025 in WP No.10448 of 2024 wherein the Tamil Nadu Housing Board had consented that the Board would produce demand draft on or before 01.09.2025.

2. Learned counsel for the appellants submitted that the learned Single Judge could not have directed to make payment through demand draft. Learned Single Judge further observed that in the absence of such payment, the Managing Director, Tamil Nadu Housing Board shall remain present before the Court on 01.09.2025 at 10.30 a.m.

3. On the other hand, learned counsel for the first respondent submitted that the order challenged in the writ appeal is an undertaking given by Housing Board and, therefore, an undertaking given voluntarily cannot be assailed.

4. This Court is of the view that a writ appeal against an interim order is not maintainable, inasmuch as the order is not in the nature of a final order.

5. The issue as to whether a writ appeal under clause 15 of the Letters Patent is maintainable as against an interim order granted in a writ petition, is no longer res integra. The same has been considered by a Division Bench of this Court inSouthern Academy of Maritime Studies v. A.M.Akash and others, 12019 SCC OnLine Mad 2067, and it was held that when an interim order is passed, an application underArticle 226(3) of theConstitution of India, can be filed for vacating the said order and that appeal directly against such interim order should not be entertained.

6. In the case on hand, an undertaking has been given by the appellants herein before the learned Single Judge that they would report compliance by submitting demand draft before a specified date. The writ petition is pending as on date. If the appellants have any grievance, they can seek redressal in the pending writ petition by seeking appropriate clarification or modification of the order.

For the foregoing reasons, we are not inclined to entertain the writ appeal and the same is dismissed. There shall be no order as to costs. Consequently, interim application stands dismissed.