Madras High Court
T.Renugopal vs R.Venkatesan on 17 August, 2023
W.A.No.914 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.08.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.A.No.914 of 2023
T.Renugopal .. Appellant
Vs.
1. R.Venkatesan
2. The District Collector, Vellore (cum)
The Chairman of the Appellate Tribunal
For Maintenance and Welfare of Parents
and Senior Citizens, Collectorate
Vellore.
3. The Revenue Divisional Officer, Vellore (cum)
Chairman of the Appellate Tribunal
For Maintenance and Welfare of Parents
and Senior Citizens, Collectorate
Vellore.
4. Karunakaran
5. Velumurugan .. Respondents
Prayer: Appeal filed under Clause 15 of the Letters Patent against the
order dated 16.12.2022 made in W.P.No.33749 of 2022.
Page 1 of 6
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W.A.No.914 of 2023
For the Appellant : Mr.SN.Ravichandran
For the Respondents : Mr.T.M.Hariharan
for Respondent-1
Mrs.R.Anitha
Special Government Pleader
for Respondents 2 & 3
Mr.P.Ganesan
for Respondents 4 & 5
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
We have heard Mr.S.N.Ravichandran, learned counsel for the
appellant, Mr.T.M.Hariharan, learned counsel for the first
respondent, Mrs.R.Anitha, learned Special Government Pleader for
the respondents 2 and 3 and Mr.P.Ganesan, learned counsel for the
respondents 4 and 5.
2. The order dated 16.12.2022 made in W.P.No.33749 of 2022
is assailed.
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W.A.No.914 of 2023
3. It is submitted that the impugned order passed by the
learned Single Judge is without issuing notice to the present
appellant, who was the third respondent and other private
respondents. The opportunity was not given to the appellant to
controvert the case put forth by the original writ petitioner.
4. Learned counsel for the original writ petitioner supports the
order of the learned Single Judge and submits that the facts were
glaring and the same have been considered.
5. It appears that the present appellant, who was the third
respondent and also the respondents 4 and 5 in the writ petition,
were not issued with the notice and the order has been passed. No
opportunity is given to the present appellant to put forth his stand
with regard to the averments made by the original writ petitioner.
6. In the light of that, the impugned order is quashed and set
aside and the matter is remitted to the learned Single Judge for
considering afresh. The parties shall appear in the said matter,
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W.A.No.914 of 2023
W.P.No.33749 of 2022, before the learned Single Judge on
04.09.2023. In view of the fact that the date of appearance is
already given by this Court, it would not be necessary for the
learned Single Judge to issue notice to the parties. The learned
Single Judge shall, thereafter, fix and hear the writ petition as per
his convenience.
7. The writ appeal is disposed of. There will be no order as to
costs. Consequently, C.M.P.No.9145 of 2023 is closed.
(S.V.G., CJ.) (P.D.A., J.)
17.08.2023
Index : Yes/No
Neutral Citation : Yes/No
kpl
To
1. The District Collector, Vellore (cum)
The Chairman of the Appellate Tribunal
For Maintenance and Welfare of Parents
and Senior Citizens, Collectorate, Vellore.
2. The Revenue Divisional Officer, Vellore (cum)
Chairman of the Appellate Tribunal
https://www.mhc.tn.gov.in/judis
W.A.No.914 of 2023
For Maintenance and Welfare of Parents
and Senior Citizens, Collectorate, Vellore.
https://www.mhc.tn.gov.in/judis
W.A.No.914 of 2023
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
(kpl)
W.A.No.914 of 2023
17.08.2023
https://www.mhc.tn.gov.in/judis
