IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ] *** MAT/67/2026 IA NO.CAN/1/2026, CAN/2/2026 Dr. Thulasidasan Vs. Shri M. Sethu and others Mr. Surajit Samanta Mr. Veedur Narayan … for the appellant Mr. Arul Prasanth … for the respondent no.1 Mr. S. Naidu … for the respondent nos.2&3 [on behalf of Mr. Rakesh Kumar] June 12, 2026 [SR] Item No.1 1. This appeal is from an order dated 17th February, 2026 passed by a learned Single Judge of this Court directing filing of affidavits in WPA/79/2026. 2. Mr. Arul Prasanth, learned counsel appearing for the respondent no.1 raises a fundamental issue as to the maintainability of the appeal itself. 3. Mr. Surajit Samanta, learned counsel appearing for the appellant has raised two issues; not so much pertaining to the appeal but on the issue of the writ petition being filed before this Court. These two issues are: (a) The question of maintainability of the writ petition in view of earlier and identical proceeding having been withdrawn by the petitioner in WPA/625/2024. (b) The locus of the respondent no.1/writ petitioner in WPA/79/2026 to institute the writ petition before this Hon’ble Court. 2 4. Without getting into the question of maintainability of the appeal, though it cannot be doubted that even clause 15 appeal from directing filing of affidavits may not be maintainable, we deem it fit to remand the matter back to the learned Single Judge to take up the issues raised by Mr. Surajit Samanta, prior to adjudicating the writ petition and passing any interim order thereon. 5. With the aforesaid directions, the appeal and the pending applications are disposed of. No order as to costs. 6. Urgent Photostat certified copies of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. ( Rajarshi Bharadwaj, J.) ( Reetobroto Kumar Mitra, J. )