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1963 Supreme(Mad) 336

S.RAMACHANDRA.IYER, ANANTANARAYANAN, SRINIVASAN, RAMAKRISHNAN, P.S.KAILASAM
Southern Roadways (P. ) Ltd. – Appellant
Versus
P. Mathew Rai Veeraswami (died) M. Dhanapalan – Respondent


Advocates Appeared:
Advocate General for N.R. Govindachari, for Petitioner; G. Ramaswami and K. Thirumalai and Addl. Govt. Pleader, for Respondents.

Judgement

S. RAMACHANDRA IYER, C.J. :- S. C. P. No. 203 of 1961 : This reference has become necessary on account of certain doubts felt in regard to the correctness of the decision of a Bench of three Judges of this Court Rajamannar, C.J., Ramachandra Iyer (one of us) and Ganapatia Pillai, JJ. in S.C.P. No. 117 of 1959 (1960?) (Mad). It was held in that case that an order under Art. 226 of the Constitution granting a writ of certiorari, the consequence of which was to revive and make available for fresh adjudication, the proceedings before the inferior Tribunal, was in the nature of a remand order which would not constitute a judgment or final order coming within Art. 133 of the Constitution. In a still earlier case, namely, Dhanalakshmi Ammal v. Income Tax Officer, AIR 1958 Mad 151 it was even held that an order rejecting a petition for the issue of a writ of certiorari would not amount to a judgment or final order, if the result of the judgment of the High Court in the writ proceedings did not have the effect of finally disposing of the rights of parties pending adjudication before the inferior tribunal. The correctness of these decisions, which, in essence, viewed the dispute bet















































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