Appellant Withdraws Leave Plea; Madras HC Rejects Writ Appeal At SR Stage

The appellant sought to challenge an order dated 17 June 2022 in W.P. No. 14179 of 2016 by filing a writ appeal, for which he had applied for leave to appeal.

He also sought permission to revoke his existing vakalatnama and appoint new counsel.

The new counsel requested leave to withdraw the application for leave to appeal.

The Court allowed the vakalatnama application and dismissed the leave application as withdrawn; consequently, it rejected the writ appeal at the SR stage.

The appellant invoked Order 2, Rule 4(3) of the Appellate Side Rules for permission to revoke the vakalatnama and Section 151 of the Code of Civil Procedure for leave to file the appeal.

The judgment states no further statutory test, precedent, or substantive legal principle; it records the Court’s procedural orders allowing the vakalatnama application and permitting withdrawal of the leave application.

The Court allowed the request to revoke the vakalatnama.

It then acted on the new counsel’s request, supported by a circulated letter, to withdraw the application for leave to appeal.

Once that application was dismissed as withdrawn, the writ appeal could not proceed and was rejected at the SR stage.

The Court did not address the merits of the challenged writ petition order.

The application seeking leave to file the appeal was dismissed as withdrawn, and the writ appeal was rejected at the SR stage.