S.Mohan v. C.Selvakumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.10.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.A.No.2084 of 2023:

S.Mohan ..

Appellant Vs.

1.C.Selvakumar 2.The Commissioner, 3.The Joint Commissioner, 4.The Assistant Commissioner,

5.The Executive Officer, Thiru Karneeswrar Koil, Chennai-600 015.

..

Respondents W.A.No.2059 of 2023:

D.Padmavathy ..

Appellant Vs.

1.M.Ayyappan 2.The Commissioner, 3.The Joint Commissioner, 4.The Assistant Commissioner, 5.The Executive Officer, Thiru Karneeswrar Koil, Chennai-600 015.

..

Respondents W.A.No.2091 of 2023:

D.Padmavathi ..

Appellant Vs.

1.M.Ashok Kumar 2.The Commissioner, 3.The Joint Commissioner, 4.The Assistant Commissioner, 5.The Executive Officer, Thiru Karneeswrar Koil, Chennai-600 015.

..

Respondents Prayer : Appeals filed under Clause 15 of the Letters Patent against the common order of the learned Single Judge dated 1.9.2022 made in W.P.Nos.22848, 22870 and 22856 of 2022.

For the Appellants (in all appeals) : Mr.L.Dhamodharan For the Respondents (in all appeals) : Mr.J.William Shakesphere for respondent No.1 : Mr.C.Jayaprakash Govt. Advocate (HR&CE) for respondents 2 to 5

COMMON JUDGMENT (Delivered by the Hon'ble Chief Justice) We have heard Mr.L.Dhamodharan, learned counsel for the appellants; Mr.J.William Shakesphere, learned counsel for the first respondent; and, Mr.C.Jayaprakash, Government Advocate (HR & CE) for respondents 2 to 5.

2. The appellants are the fifth respondents in the writ petitions.

3. Amongst other submissions, one of the submissions made by learned counsel for the appellants is that the impugned order has been passed by the learned Single Judge without notice to the appellants though they were arrayed as respondent No.5 in the writ petitions.

4. According to learned counsel for the original writ petitioners, the learned Single Judge has not passed orders adverse to the present appellants. As such, notice is not required to be issued to the appellants.

5. As it is not disputed that before passing the impugned order the learned Single Judge has not issued notice to the appellants and that certain directions were issued in the impugned order, we set aside the order passed by the learned Single Judge and the parties are relegated before the learned Single Judge.

6. The parties shall appear before the learned Single Judge on 19.10.2023. The learned Single Judge may thereafter, as per his convenience, take up the matter. In view of the present order, it will not be necessary to issue separate notice to the parties.

7. With these observations, the writ appeals stand disposed of. There will be no order as to costs. Consequently, C.M.P.Nos.17879, 17837, 17836, 17917, 17916, 17912, 17505, 17508, 17509 of 2023 are closed.

(S.V.G., CJ.) (D.B.C., J.) 05.10.2023 Index : Yes/No bbr

To 1.The Commissioner, 2.The Joint Commissioner, 3.The Assistant Commissioner, 4.The Executive Officer, Thiru Karneeswrar Koil, Chennai-600 015.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

bbr 05.10.2023