The Division Bench dismissed a writ appeal filed by an appellant challenging a common order dated 01.02.2017, noting that a preliminary writ appeal by another party against the same order had already been dismissed, leading to the dismissal of the present appeal.
The writ appeal and the connected miscellaneous petition are dismissed without costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2018 CORAM: THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MRS.JUSTICE R.HEMALATHA
W.A(MD)No.158 of 2018 and C.M.P(MD)No.834 of 2018
M.Anandhan
.. Appellant/ 3rd Respondent
Vs.
A.Dhakshinamoorthy (died) 1.D.Baby 2.D.Thirupathy 3.D.Tamil Ganesan 4.D.Sivakumar 5.D.Muthuselvam .. Respondents 1 to 5/ Petitioners 2 to 6
6.The Commissioner/Special Commissioner, Hindu Religious and Charitable Endowment Department, Nungampakkam, Chennai-600 034. 7.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Nathaji Road, Madurai-1. 8.Pitchaiamal @ Kamatchiammal 9.T.Alagusundaram 10.The Joint Commissioner, Hindu Religious and Charitable Endowment Board, Tirunelveli. ..Respondents 6 to 10/ Respondents 1, 2 & 4 to 6
PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent, against the order, dated 01.02.2017, passed in W.P.(MD)No.4292 of 2010, by the learned Single Judge.
Prayer in WP(MD). 4292/ 2010 : https://hcservices.ecourts.gov.in/hcservices/ Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a WRIT OF
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CERTIORARI, calling for the records relating to the impugned order in Se.Mu.N.K.A.No.9290/2007/A-1 dated 15-02-2010 passed by the 2nd Respondent as illegal and contrary to law and quash the same.
For Appellant : Mr.K.Hariharan
For R1 to R5 : Mr.V.Meenakshi Sundaram for Mr.D.Nallathambi
For R-6, R-7 & R-10 : Mr.A.K.Baskarapandian, Special Government Pleader.
For R-8 :Mr.R.Subramanian
J U D G M E N T
[Judgment of the Court was delivered by M.SATHYANARAYANAN, J.]
The fourth respondent in W.P.(MD)No.4292 of 2010, has filed W.A.(MD)No.607 of 2017, challenging the order, dated 01.02.2017, passed in the said writ petition and it was dismissed on 15.06.2017. The appellant herein, who is the third respondent in the said writ petition, came forward to file this writ appeal, by making a challenge to the very same order.
2.In the light of the dismissal of W.A.(MD)No.607 of 2017, vide Judgment, dated 15.06.2017, by the Division Bench of this Court, the present Writ Appeal preferred against the very same common order also, deserves dismissal. Accordingly, this Writ Appeal is dismissed. No costs. Consequently, connected Miscellaneous Petition is dismissed.
Sd/Assistant Registrar(AD-II) /True copy/ Sub Assistant Registrar
To
1.The Commissioner/Special Commissioner, Hindu Religious and Charitable Endowment Department, Nungampakkam, Chennai-600 034. 2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Nathaji Road, Madurai-1. 3.The Joint Commissioner, Hindu Religious and Charitable https://hcservices.ecourts.gov.in/hcservices/ Endowment Board, Tirunelveli.
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+1cc to Mr.D.NALLATHAMBI,Advocate,SR. 45764 +1cc to Mr.R.SUBRAMANIAN,Advocate,SR.45801
W.A(MD)No.158 of 2018 and C.M.P(MD)No.834 of 2018 01.02.2018
CP/SMN
KK/JC/SAR 4/15.02.2018/ 3P- 6C/
1 issue framed by the court
Whether a writ appeal filed against a previously dismissed common order deserves to be allowed.
M.Anandhan
A.Dhakshinamoorthy (died)
B.Baby
D.Thirupathy
D.Tamil Ganesan
D.Sivakumar
M.Sathyananathan
R.Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
