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IN THE HIGH COURT OF JUDICATURE AT MADRAS
SANJAY V. GANGAPURWALA, P.D. AUDIKESAVALU, JJ.
T. Renugopal – Appellant
Versus
R. Venkatesan & Others – Respondents
W.A. No. 914 of 2023
Decided On : 17-08-2023
Notice - Writ Appeal - Quashing of Impugned Order
Fact of the Case:
The appellant, as the third respondent, was not given notice and opportunity to present their stand in the original writ petition, leading to the impugned order being quashed and the matter remitted to the learned Single Judge for reconsideration.
Finding of the Court:
The impugned order was quashed and set aside due to the lack of notice and opportunity given to the appellant, and the matter was remitted to the learned Single Judge for reconsideration.
Issues: Lack of notice and opportunity to present stand for the appellant in the original writ petition.
Ratio Decidendi: The court emphasized the importance of providing notice and opportunity to all parties involved in a case before passing an order, leading to the quashing of the impugned order.
Final Decision: The writ appeal was disposed of, and the impugned order was quashed and set aside, with the matter remitted to the learned Single Judge for reconsideration.
JUDGMENT
(Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 16.12.2022 made in W.P.No.33749 of 2022.)
1. We have heard Mr.S.N.Ravichandran, learned counsel for the appellant, Mr.T.M.Hariharan, learned counsel for the first respondent, Mrs.R.Anitha, learned Special Government Pleader for the respondents 2 and 3 and Mr.P.Ganesan, learned counsel for the respondents 4 and 5.
2. The order dated 16.12.2022 made in W.P.No.33749 of 2022 is assailed.
3. It is submitted that the impugned order passed by the learned Single Judge is without issuing notice to the present appellant, who was the third respondent and other private respondents. The opportunity was not given to the appellant to controvert the case put forth by the original writ petitioner.
4. Learned counsel for the original writ petitioner supports the order of the learned Single Judge and submits that the facts were glaring and the same have been considered.
5. It appears that the present appellant, who was the third respondent and also the respondents 4 and 5 in the writ petition, were not issued with the notice and the order has been passed. No opportunity is given to the present appellant to put forth his stand with regard to the averments made by the original writ petitioner.
6. In the light of that, the impugned order is quashed and set aside and the matter is remitted to the learned Single Judge for considering afresh. The parties shall appear in the said matter, W.P.No.33749 of 2022, before the learned Single Judge on 04.09.2023. In view of the fact that the date of appearance is already given by this Court, it would not be necessary for the learned Single Judge to issue notice to the parties. The learned Single Judge shall, thereafter, fix and hear the writ petition as per his convenience.
7. The writ appeal is disposed of. There will be no order as to costs. Consequently, C.M.P.No.9145 of 2023 is closed.
A procedural docket order passed by a Single Judge does not qualify as a 'judgment' under Clause 15 of the Letters Patent and is therefore not subject to an intra-court writ appeal.
The main legal point established in the judgment is the need for affording the writ appellants an opportunity to file a detailed counter justifying their action and addressing all available grounds a....
Appeal rendered infructuous by supervening compliance with court directions.
Writ appeals can be dismissed as infructuous when the underlying cause of action has ceased to exist.
A writ appeal can be dismissed for non-prosecution if the appellant fails to appear and show interest in pursuing the case.
Procedural fairness mandates issuance of notice before adverse administrative decisions.
The resolution of grievances in employment matters can lead to the dismissal of related writ appeals when no further issues remain.
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