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S.Mohan vs C.Selvakumar
2023 Latest Caselaw 13512 Mad

Citation : 2023 Latest Caselaw 13512 Mad
Judgement Date : 5 October, 2023

Madras High Court
S.Mohan vs C.Selvakumar on 5 October, 2023
                                                           W.A.Nos.2084, 2059 and 2091 of 2023


                                    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.Nos.2084, 2059 and 2091 of 2023

                     W.A.No.2084 of 2023:

                     S.Mohan                                          ..    Appellant

                                                         Vs.

                     1.C.Selvakumar

                     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 Religiious and Charitable Endowments,
                       Padi, Chennai-600 050.




                     Page 1 of 7


https://www.mhc.tn.gov.in/judis
                                                       W.A.Nos.2084, 2059 and 2091 of 2023


                     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,
                       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 Religiious and Charitable Endowments,
                       Padi, Chennai-600 050.

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


                     W.A.No.2091 of 2023:

                     D.Padmavathi                                    ..   Appellant

                                                     Vs.




                     Page 2 of 7


https://www.mhc.tn.gov.in/judis
                                                          W.A.Nos.2084, 2059 and 2091 of 2023


                     1.M.Ashok 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 Religiious and Charitable Endowments,
                       Padi, Chennai-600 050.

                     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    : Mr.L.Dhamodharan
                                   (in all appeals)

                                   For the Respondents   : Mr.J.William Shakesphere
                                   (in all appeals)        for respondent No.1

                                                         : Mr.C.Jayaprakash
                                                           Govt. Advocate (HR&CE)
                                                           for respondents 2 to 5




                     Page 3 of 7


https://www.mhc.tn.gov.in/judis
                                                                  W.A.Nos.2084, 2059 and 2091 of 2023


                                                     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.



                     Page 4 of 7


https://www.mhc.tn.gov.in/judis
                                                               W.A.Nos.2084, 2059 and 2091 of 2023


                                  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
                     Neutral Citation : Yes/No
                     bbr



                     Page 5 of 7


https://www.mhc.tn.gov.in/judis
                                                       W.A.Nos.2084, 2059 and 2091 of 2023


                     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 Religiious and Charitable Endowments,
                       Padi, Chennai-600 050.

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




                     Page 6 of 7


https://www.mhc.tn.gov.in/judis
                                       W.A.Nos.2084, 2059 and 2091 of 2023




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

bbr

W.A.Nos.2084, 2059 and 2091 of 2023

05.10.2023

https://www.mhc.tn.gov.in/judis

 
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