T. SORNAPANDIAN Vs. PRINCIPAL SECRETARY TO GOVERNMENT, HOUSING & URBAN DEVELOPMENT (HB(2) HB5(2)) DEPARTMENT

JUDGEMENT

(1.) These appeals filed by the appellants/writ petitioners are directed against the common order dtd. 28/9/2018, by which, the writ petitions were dismissed. Subsequently, the matter was mentioned before the learned Writ Court and the case was listed under the caption "for being mentioned" and the contentions raised during such hearing were rejected by the learned Writ Court by order dtd. 7/2/2019.

(2.) Mr. S.R. Rajagopal, learned Additional Advocate General appearing for the respondent-Tamil Nadu Housing Board raised an objection stating that the appellants have not preferred any appeal against the substantive order passed in the writ petitions dtd. 28/9/2018 and the appeals have been preferred only against the order dtd. 7/2/2019 and therefore, the appellants cannot canvass the correctness of the order dtd. 28/9/2018 in these appeals.

(3.) Mr. Richardson Wilson, learned counsel appearing for the appellants submitted that the preliminary objection raised by the learned Additional Advocate General is incorrect, since the appellants have challenged both the orders. It is further submitted that whenever the Court lists the matter under the caption 'for being mentioned' and a clarification is issued, that portion of the order will be incorporated in the substantive order initially passed and a certified copy would be given. However, in the appellants' case, the Registry had furnished a separate certified copy of the order dtd. 7/2/2019 and when the learned counsel for the appellants insisted for a certified copy of the original order dtd. 28/9/2018, incorporating the order dtd. 7/2/2019, they were informed that it will take substantial time and since there was threat of forcible dispossession from the housing accommodation, the appellants had to file these appeals challenging both the orders.