Vincent Jeyakumar vs V.O.C.Matriculation School
2023 Latest Caselaw 14092 Mad

                                                                             W.A.(MD)No.1876 of 2023


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 30.10.2023

                                                    CORAM:

                              THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
                                                       AND
                          THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN

                                           W.A.(MD)No.1876 of 2023
                                                     and
                                          C.M.P.(MD)No.14344 of 2023


                1.Vincent Jeyakumar
                2.Gurusubramanian                                          ... Appellants
                                                        Vs.

                1.V.O.C.Matriculation School,
                  Educational Society,
                  Paramakudi, Ramanathapuram District,
                  Rep. by its Correspondent / Secretary (In – Charge),
                  M.S.Sundarasan

                2.The District Registrar (Administration),
                  O/o. The District Registrar,
                 Thiruppathur Road, Sivagangai District.                   ...Respondents

                PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, to set aside
                the order passed in W.P.(MD)No.24061 of 2019, dated 20.06.2023 on the file of
                this Court.




                1/4


https://www.mhc.tn.gov.in/judis
                                                                                          W.A.(MD)No.1876 of 2023




                                           For Appellants     : Mr.M.S.Suresh Kumar,
                                                               For Mr.R.Velmurugan
                                           For R2             : Mr.S.Kameswaran, Government Advocate


                                                            JUDGMENT

(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)

This Writ Appeal has been instituted mainly attacking the issues framed

by the learned Single Judge in paragraph No.12 of the order dated 20.06.2023

made in W.P.(MD)No.24061 of 2019, which is under challenge in the present Writ

Appeal.

2.The learned counsel appearing for the appellants mainly contended that

the Writ Court has usurped the powers of the civil Court, which would cause

prejudice to the interest of the parties, while dealing with the disputed issues

before the competent civil Court in O.S.No.51 of 2019 on the file of the Sub

Court, Paramakudi on merits.

3.Though we are of the opinion that the issue of civil in nature is to be

framed by the competent civil Court in the manner contemplated under the Code

https://www.mhc.tn.gov.in/judis W.A.(MD)No.1876 of 2023

of Civil Procedure, we are not inclined to set aside the order, since it is only in the

form of suggestion and it is for the civil Court to independently frame the issues

with reference to the disputed facts between the parties and conduct trial in the

civil suit instituted in O.S.No.51 of 2019. Thus, the civil Court has to proceed

with the suit uninfluenced by the observations made by the learned Single Judge in

the order impugned dated 20.06.2023. It is for the parties to adjudicate the issues

independently based on the documents and evidences as well as on merits.

4.With the above observation, this Writ Appeal stands disposed of. No

costs. Consequently, connected miscellaneous petition is closed.

                                                                  (S.M.S., J.) & (V.L.N., J.)
                                                                             30.10.2023
                NCC      : Yes / No
                Index : Yes / No
                Internet : Yes / No

                Yuva

                To

The District Registrar (Administration), O/o. The District Registrar, Thiruppathur Road, Sivagangai District.

https://www.mhc.tn.gov.in/judis W.A.(MD)No.1876 of 2023

S.M.SUBRAMANIAM, J.

AND V.LAKSHMINARAYANAN, J.

Yuva

W.A.(MD)No.1876 of 2023

30.10.2023

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