Madras High Court
Arulmigu Suttukkol vs The Commissioner on 8 March, 2023
W.A(MD)No.238 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.03.2023
CORAM:
THE HON'BLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HON'BLE MRS JUSTICE L.VICTORIA GOWRI
W.A(MD)No.238 of 2023
Arulmigu Suttukkol,
Ramalingaswamigal Madalayam,
represented through its
Managing Trustee K.Baskaran
Door No.1, Velar Street,
Arapalayam,
Madurai-16. :Appellant/Petitioner
.vs.
1.The Commissioner,
Hindu Religious & Charitable
Endowments Department,
119, Uthamar Gandhi Salai,
Chennai-600 034.
2.The Joint Commissioner,
Hindu Religious & Charitable,
Endowments Department,
B1 Road, Ellis Nagar,
Madurai-16.
3.The Executive Officer,
Arulmigu Suttukkol
Ramalinga Swamigal Madalayam,
Door No.1, Velar Street,
Arapalayam,
Madurai-16. : Respondents/Respondents
1/5
https://www.mhc.tn.gov.in/judis
W.A(MD)No.238 of 2023
PRAYER: Writ Appeal filed under Clause 15 of the Letter Patent Act, to
set aside the order passed in W.P(MD)No.7862 of 2020, dated
04.01.2023.
For Appellant :Mr.M.Ponniah
For R1 & R2 :Mr.P.Subburaj
Special Government Pleader
For R3 :Mr.S.Manohar
JUDGMENT
(Order of the Court was made by R.SUBRAMANIAN, J.)
The ground No.3 of the grounds of appeal reads as follows:-
“3.The learned Hon'ble Single Judge failed to note at
the time of hearing of the case the junior Advocate of the
appellant counsel requested the Hon'ble Single Judge to
adjourn the matter for a week time as his senior Advocate is
not well on 04.01.2023 and pleaded for short
accommodation. But his request was negativated and he
was directed to made an endorsement as the writ
petitioner/appellant should give up the cause title of
“managing trustee” for the trust and without getting any
further instruction from the writ petitioner the junior
Advocate made an endorsement to withdraw the cause title
of “Managing Trustee” alone. But the Hon'ble Single Judge
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W.A(MD)No.238 of 2023
dismissed the entire writ petition as if it was “Withdrawn”.
Hence the order of the Hon'ble Single Judge is without give
an opportunity to hear the appellant and also liable to be set
aside.”
2.We do not think that this issue could be made a subject matter of
an appeal. If the appellant seeks to dispute as to what is transpired before
the writ Court, it is for the appellant to move the writ Court by way of
review. We do not think, we can entertain this appeal on the ground that
is sought to be projected by the appellant, hence, the writ appeal is
dismissed with liberty to the appellant to move the writ Court by way of
review. No costs.
[R.S.M.,J.] & [L.V.G.,J.]
08.03.2023
Index:Yes/No
Internet:Yes/No
am
https://www.mhc.tn.gov.in/judis
W.A(MD)No.238 of 2023
To
1.The Commissioner,
Hindu Religious & Charitable
Endowments Department,
119, Uthamar Gandhi Salai,
Chennai-600 034.
2.The Joint Commissioner,
Hindu Religious & Charitable,
Endowments Department,
B1 Road, Ellis Nagar,
Madurai-16.
https://www.mhc.tn.gov.in/judis
W.A(MD)No.238 of 2023
R.SUBRAMANIAN, J.
AND
L.VICTORIA GOWRI, J.
am
0RDER MADE IN
W.A(MD)No.238 of 2023
08.03.2023
https://www.mhc.tn.gov.in/judis
