Writ appeal against a common order in two writ petitions

This query is : Resolved 
 

(Querist)
17 November 2019

Dear Experts,

Please clarify whether a petitioner in a Writ petition prefer a writ appeal individually against a common order for two writ petitions of two individuals.


K Rajasekharan (Expert)
17 November 2019

Writ appeal can only be filed against a judgement or order and not against any writ petition.

Hence one writ appeal is enough if the High Court order is a common one in two writ petitions.

RAMASAMY GOVINDARAJAN (Querist)
18 November 2019

But if the other petitioner is not willing to prefer an appeal, can the petitioner who is willing to prefer an appeal apply individually? Also let me be clarified even if a single petitioner prefers an appeal against the common judgment, whether it would be decided by the court as applicable for both the petitioners.

KISHAN DUTT RETD JUDGE (Expert)
20 November 2019

Dear Sir,
A common order cannot be challenged by two different appeals anyway it cannot be answered accurately without seeing all the relevant papers.

RAMASAMY GOVINDARAJAN (Querist)
21 November 2019

Dear Sir,

As explained earlier, as the other petitioner of the common order is not willing to prefer an appeal, I am forced to prefer the appeal against the common order individually. As there are two different writ petitions (Linked Cases) with two different petitioners are covered in the common order and if one is not willing to prefer an appeal, can the other petitioner be denied preferring the appeal on account of his writ petition covered in the common order?

As I don't find any option for attaching the relevant papers for your perusal, I provide the link of the common order for your reference. If any other relevant papers are required, please advise.

http://164.100.79.153/judis/chennai/index.php/casestatus/viewpdf/493101

It is also to be noted that the court has not directed the respondent with regard to the consequences while setting aside the order of dismissal and after modifying the punishment from dismissal to increment cuts.

Please provide your opinion for further action

Sb Karma (Expert)
21 November 2019

single can file an appeal no denied will be faced



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