Citation : 2023 Latest Caselaw 13512 Mad
Judgement Date : 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.
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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.
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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
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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.
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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
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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.
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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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