Madras High CourtWA/665/2024disposed of

D. Padmavathi v. Suresh Kumar

2024-03-08Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.03.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY D.Padmavathi ..

Appellant Vs.

1. Suresh Kumar

2. The Commissioner Hindu Religious and Charitable Endowments No.119, Uthamar Gandhi Salai Nungambakkam, Chennai 600 034.

3. The Joint Commissioner Hindu Religious and Charitable Endowments No.119, Uthamar Gandhi Salai Nungambakkam, Chennai 600 034.

4. The Assistant Commissioner Hindu Religious and Charitable Endowments Padi, Chennai 600 050.

5. The Executive Officer Thiru Karneeswarar Koil

Chennai 600 015.

Respondents Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 01.09.2022 made in W.P.No.22863 of 2022. For the Appellant : Mr.L.Dhamodharan For the Respondents : Mr.K.Karthikeyan Government Advocate (HR & CE) for Respondents 2 to 5

JUDGMENT

(Delivered by the Hon'ble Chief Justice) We have heard Mr.L.Dhamodharan, learned counsel for the appellant and Mr.K.Karthikeyan, learned Government Advocate (HR & CE) for respondents 2 to 5.

2. The appellant is the fifth respondent in the writ petition.

3. Amongst other submissions, one of the submissions made by learned counsel for the appellant is that the impugned order has been

passed by the learned Single Judge without notice to the appellant though he was arrayed as the fifth respondent in the writ petition.

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

5. As it is not disputed that before passing the impugned order the learned Single Judge has not issued notice to the appellant 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 18.03.2024. 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 appeal stand disposed of. There will be no order as to costs. Consequently, C.M.P.No.4603 of 4611 of 2024 is closed.

(S.V.G., CJ.) (D.B.C., J.) 08.03.2024 Index : Yes/No kpl To

1. The Commissioner Hindu Religious and Charitable Endowments No.119, Uthamar Gandhi Salai Nungambakkam, Chennai 600 034.

2. The Joint Commissioner Hindu Religious and Charitable Endowments No.119, Uthamar Gandhi Salai Nungambakkam, Chennai 600 034.

3. The Assistant Commissioner Hindu Religious and Charitable Endowments Padi, Chennai 600 050.

4. The Executive Officer Thiru Karneeswarar Koil Chennai 600 015.

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

(kpl) 08.03.2024