The High Court dismissed the appellant's writ appeal against an order holding that the petition seeking action against an Advocate Commissioner was not maintainable as the remedy lay under the Civil Procedure Code. The Court found no error in the lower order.
The writ appeal is dismissed. No costs awarded.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.03.2019
CORAM :
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
and
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
Writ Appeal No.1473 of 2017
D.Vijayalakshmi ... Appellant
-vs-
1.The State of Tamil Nadu,
Rep by The Inspector,
B-3, Police Station,
Variety Hall Road,
Coimbatore - 641 001
2. S.Vivekanandan
Advocate cum Commissioner. ... Respondents
Writ Appeal filed under Clause 15 of Letters Patent against the order passed by this Court in W.P.No.7802 of 2017 dated 22.06.2017.
Prayer in W.P.No.7802 of 2017:-
Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of mandamus directing the first respondent to consider and to take necessary action on the petitioner's representation, dated 06.01.2017 against the second respondent for illegally suppressed the inventory report to the court.
JUDGMENT
(Judgment of the Court was delivered by T.S.Sivagnanam, J.)
This Appeal by the appellant is directed against the order dated 22.06.2017 in W.P.S.R.No.7802 of 2017.
Sd/Assistant Registrar(CS VIII)
//True Copy//
Sub Assistant Registrar
mrm/ssb
To
1.The Inspector, State of Tamil Nadu,
B-3, Police Station,
Variety Hall Road,
Coimbatore - 641 001
2. S.Vivekanandan
Advocate cum Commissioner,
Room No.123 & 124,
1/15, Sr.Lawyer Complex,
Gopalapuram, 3rd street, Coimbatore.
+1 cc to M/s.A.Thiyagarajan, Advocate Sr.No.20124
+1 cc to The Government Pleader, Sr.No.20561
W.A.No. 1473 of 2017
RR(CO)
CSL/05.04.2019
2 issues framed by the court
Whether the High Court Commissioner's Court has jurisdiction to entertain a writ appeal challenging the order dismissing a writ petition on grounds of non-maintainable.
If the remedy of the appellant for action against the Advocate Commissioner lies under the Civil Procedure Code rather than under Articles 226 of the Constitution of India. Nothing.
D.Vijayalakshmi
The State of Tamil Nadu
S.Vivekanandan
T.S.Sivagnanam
V.Bhavani Subbaroyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
