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2026 Supreme(Online)(Mad) 37151

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.Sathish Kumar, M.Jothiraman, JJ
R.Perumal – Appellant
Versus
R.Murugesan – Respondent
WA(MD)No.589 of 2026|CMP(MD)No.5602 of 2026|W.P(MD)No.2762 of 2025|W.P(MD)No.1758 of 2025



Advocates:
For Appellant: Mr.M.A.Abdul Muthalif
For R1: Mr.T.Indirachithu
For R2: Mr.S.P.Maharajan Special Government Pleader

Unchallenged prior order setting aside impugned decision bars further probe; parties to agitate before authority.

Headnote:The appellant challenged an order dated 19.12.2024 passed by the first respondent by filing a writ petition, which was allowed by the Single Judge noting that the same order had been set aside earlier in another writ petition, directing fresh hearing on merits. The appeal against the Single Judge's order lacks merits as the prior writ order remains unchallenged. Issues framed concern the propriety of further probe after prior quashing and binding effect of unappealed orders. Ratio decidendi holds that unchallenged prior orders setting aside the impugned decision preclude merits review in subsequent proceedings. Writ Appeal disposed of with liberty to parties to pursue remedies before the first respondent.

Table of Content
1. background of writ appeal against single judge order (Para 1 , 2)
2. prior unchallenged order bars merits review (Para 3)

(Judgment of the Court was made by N.SATHISH KUMAR, J.)

This Writ Appeal is directed against the order made in W.P(MD)No.2762 of 2025 dated 07.03.2025.

2. Challenging the order dated 19.12.2024 passed by the 1st respondent, the appellant filed the writ petition. The learned Single Judge considering the fact that the very same order dated 19.12.2024 was already set aside in W.P(MD)No.1758 of 2025, held that there cannot be any further probe in the matter, and allowed the writ petition granting liberty to the parties to agitate all their rights, claims and contentions and make all objections before the 1st respondent who was also directed to hear all interested parties and pass orders on merits and in accordance with law. As against the said order, the appellant has filed this appeal.

3. It is relevant to note that the order of the Writ Court in W.P(MD)No.1758 of 2025 is in force and has not been challenged. Admittedly, the order passed by the 1st respondent dated 19.12.2024 is already set aside. Such being the case, we do not find any merits in the writ appeal. It is well open to the parties to appear before the 1st respondent as directed by the learned Single Judge and place all facts.

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