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2023 Supreme(Mad) 2606

SANJAY V. GANGAPURWALA, P. D. AUDIKESAVALU
T. Renugopal – Appellant
Versus
R. Venkatesan – Respondent


Advocates appeared:
For the Appellant:SN. Ravichandran, Advocate. For the Respondents:R1, T.M. Hariharan R2 & R3, R. Anitha Special Government Pleader. R4 & R5, P. Ganesan, Advocates.

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 fort

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