R.Samuel v. W.S.Milton Jeganathan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 28/03/2025

CORAM

THE HONOURABLE Mrs. JUSTICE J.NISHA BANU AND THE HONOURABLE Mrs. JUSTICE S.SRIMATHY and CMP(MD) No.14665 and 15852 of 2024 R.Samuel ... Appellant Vs 1.W.S.Milton Jeganathan ... 1st respondent/review Petitioner/5th respondent 2.Arthur Joseph Asirvatham . .. 2nd Respondent/1st respondent/writ petitioner 3.The Executive Magistrate II The Tahsildar, Madurai West, Madurai.

4.D.Jeyasingh Prince Prabhakaran Bishop, Church of South India 5.Samuel Devaraj The Election Officer, St. Georges Church 1/5

6.The Branch Manager, Tamil Nadu Mercantile Bank Simmakkal, Madurai.

7.Manuvel Jeyaraj Elected Member 8.A.P.Solomon Jeyakumar Elected Member 9.A.Anburaj 10.R.Charles 11.D.N.Keisal Kitchley 12.A.Rajammal Annadurai 13.S.Ranklin Joshua 14.R.Isacck 15.Mani Samuel 16.Thomas Thangadurai 17.S.Gnanasekar 18.Ebenezer Vedhamani ... Respondents (respondents 9 to 18 were impleaded vide order dated 28.03.2025 in CMP(MD) No.16865/2024) PRAYER :- Writ Appeal filed under Clause 15 of Letters patent against the order of this Court dated 18.09.2024 in Rev. Apl.W (MD) No.166 of 2024 in WP(MD). No. 16999/2024.

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For Appellants : Mr.R.Govindarajan for Mr.A.N.Ramanathan For Respondents : Mrs.H.Jasima Yasmin for R4 Mr.Jeyamohan for R9 to R18 Mr.T.S.Mohammed Mohideen for R2 Mr.T.Lajapathi Roy senior counsel for Mr.S.Rajasekar for R1 No appearance for R5 to R8 Mr.S.S.Madhavan for R3 Additional Government Pleader

JUDGMENT

(Judgment of the Court was delivered by S.SRIMATHY, J.) The writ appeal is directed against the order of the writ Court dated 18.09.2024 in Rev. Apl.W (MD) No.166 of 2024 in WP(MD). No. 16999/2024.

2. The only grievance of the appellant herein is that though he was a party to the above review petition, without hearing him, the order in the writ petition has been recalled by the writ Court. Hence, against the said recalling of the order and to hear him, the appellant is before this Court. 3/5

3.Without going into the merits or the contentions raised by the appellant and the respondents herein, all the parties including the appellant shall go before the writ Court and raise/canvass all the points.

4. With the above direction, the writ appeal stands disposed of. No costs. Consequently connected Miscellaneous Petitions are closed. [J.N.B.,J] [S.S.Y.,J] 28.03.2025 NCC : Yes/No Index : Yes/No RR TO 3.The Executive Magistrate II The Tahsildar, Madurai West, Madurai.

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J.NISHA BANU, J AND S.SRIMATHY, J.

RR

ORDER

IN WA(MD) No.2046 of 2024 Date : 28/03/2025 5/5