BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22/08/2007 CORAM: THE HONOURABLE MR.JUSTICE P.K.MISRA and THE HONOURABLE MR.P.R.SHIVAKUMAR WRIT APPEAL (MD) No.156 of 2007 N.Vanjimuthu ... Appellant Petitioner vs. The Commissioner, Dindigul Municipality, Dindigul, Dindigul District. ... Respondent Respondent Writ Appeal under Clause 15 of Letters Patent against the order of the learned Single Judge dated 22.03.2007 made in W.P.(MD)No.2599 of 2007. !For Appellant ... Mr.M.Ajmal Khan ^For Respondent ... Mrs.V.Chellammal, Spl.Govt.Pleader. :JUDGMENT
(Judgment of the Court was delivered by P.K.MISRA,J)
Heard the learned counsel appearing for the appellant and the
learned counsel appearing for the respondent.
2.The present appeal is directed against the order of the learned
Single Judge dated 22.03.2007 made in W.P.(MD)No.2599/2007. A reading of the
aforesaid order prima facie indicates that the order has been passed on the
basis of the concession made by the counsel for the appellant/petitioner.
However, in the appeal it is contended that no such concession had been given
and the appellant/petitioner was pressing the matter on merit.
3.Law is well settled that if the court records as to what
transpired in the court, the remedy of the person contending otherwise is to
approach the very same court by filing appropriate application for review or
clarification or for recalling such an order as the appellate court would not be
in a position to know as to whether such concession was made or not. [1.1982 (2)
SCC 463 – State of Maharastra vs. Ramdas Srinivas Nayak and another; 2.1992
Supp.(1) SCC 1 – Apar (P) Ltd. and another vs. Union of India and others; and
(3)1999 (8) SCC 274 – Mahabir Prasad Jain vs. Ganga Singh].
4.In such view of the matter, the appeal is disposed of with an
observation that it will be open to the present appellant to file
appropriate application for
review/recalling the order dated 22.03.2007. No costs. Connected M.P.(MD)No.1
of 2007 is closed.
gb.
To
The Commissioner,
Dindigul Municipality,
Dindigul,
Dindigul District.