R.Gururaj v. v.Senthil
Case brief
What is this about?
The High Court held that the learned single Judge's order appeared to stem from momentary passion rather than serious contemplation. The Court set aside the impugned order, allowed the writ appeal, and restored the writ petition for fresh consideration on merits without costs.
What did the court decide?
Impugned order set aside; Writ Petition restored for consideration on merits; No costs.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 17.02.2017
Coram:
The Hon'ble Mr.Justice NOOTY.RAMAMOHANA RAO AND The Hon'ble Mr.Justice S.M.SUBRAMANIAM
Writ Appeal No.148 of 2017
R.Gururaj Appellant/Petitioner
Versus
1. V.Senthil
2. The Deputy Registrar of Cooperative
Societies, Cuddalore - 607 001,
Cuddalore Taluk, Cuddalore District.
3. The Secretary F.C.2858
Kurinjipadi Panchayat Union &
Aided Primary H.S & H.R.Sec.
School Teachers Co-Op. Thrift &
Credit Society Ltd., Anna Nagar,
Kurinjipadi Taluk,
Cuddalore District. Respondents/Respondents
Writ Appeal filed under Clause 15 of the Letters Patent, against the order in W.P.No.38139 of 2016, dated 03.11.2016, passed by the learned single Judge of this Court. Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certrorari to Call for the records an quash the proceedings in A.F.No. 182/2016 dated Nil on the file of the 1st respondent.
JUDGMENT
Issues for consideration
2 issues framed by the court
Whether the impugned single Judge order, reflecting momentary passion, should be set aside and the writ petition restored for consideration on merits.
Whether the writ appeal against the lower court order allowing quashing of proceedings stands allowed.
Parties & counsel
- appellant
R. Gururaj
- respondent
V. Senthil
- respondent
The Deputy Registrar of Cooperative Societies, Cuddalore
- respondent
The Secretary F.C.2858 Kurinjipadi Panchayat Union & Aided Primary H.S & H.R.Sec. School Teachers Co-Op. Thrift & Credit Society Ltd.
Coram
Case details
As recorded by the court registry
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