Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Mad) 41072

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. SUBRAMANIAM, K. SURENDER, JJ
Chief Executive Railway Employees Cooperative Credit Society Ltd. – Appellant
Versus
K.Vijayalakshmi – Respondent
W.A.Nos.1143, 1144, 1142 & 1145 of 2026 | C.M.P.Nos.11369, 11368, 11366 & 11385 of 2026

Advocates:
For the Appellants/Petitioners: Anand Gopalan, Advit Law Chambers
For the Respondents: J.P.Krishna, D.Geetha

Interim orders passed without hearing the affected party violate natural justice and are liable to be set aside with remand for fresh adjudication after opportunity to all parties.

Headnote:(A) Letters Patent - Clause 15 - Writ appeals against interim orders passed without hearing appellant - Principles of natural justice mandate opportunity to defend before granting interim relief - Court informed appellant only after passing order - Violation established warranting interference.

(B) Remand - Scope - Appellate court to set aside ex parte interim orders and direct fresh adjudication on merits after affording opportunity to all parties without expressing opinion on merits.

Facts of the case:
Intra-court appeals filed under Clause 15 challenging common interim orders dated 25.02.2026 allowing applications for interim relief in writ petitions without prior hearing to appellant who was informed post-order and thus denied chance to defend.

Findings of Court:
Common interim order set aside with direction to remand matter to writ court for fresh adjudication affording opportunity to all parties to defend and for orders on merits in accordance with law.

Issues: Whether interim orders granting relief can be sustained when passed without hearing affected appellant and whether remand is warranted for fresh consideration.

Ratio Decidendi: The court held that opportunity to be heard must be afforded as order was passed without hearing appellant, principles of natural justice require hearing both sides before interim relief, and appellate interference justified for procedural violation with remand for merits-based decision. Result : Writ appeals allowed with connected miscellaneous petitions closed and no order as to costs.

[Made by S. M. SUBRAMANIAM, J.,]

With the consent of both parties, the matter is taken up for final disposal at the admission stage itself.

2. The present intra-Court appeals have been instituted against the interim order dated 25.02.2026 passed in W.M.P.Nos.52588, 52604, 52617 & 52673 of 2025 in W.P.Nos.15548, 15555, 15551 & 15579 of

2025.

3. The learned counsel for the appellant would mainly contend that the applications seeking interim orders were allowed without hearing the appellant. The matter was listed and the appellant was informed about the order after the Court hearing and therefore, they could not defend their case on the interim relief.

4. At the outset, the learned counsel for the appellant would submit that the order was passed without hearing the appellant and thus, an opportunity is to be afforded to the appellant to defend their case.

5. The learned counsel for the respondents could not able to deny the said facts. Thus, this Court is inclined to remand the matter back.

Thus, the common interim order dated 25.02.2026 passed in W.M.P.Nos.52588, 52604, 52617 & 52673 of 2025 in W.P.Nos.15548, 15555, 15551 & 15579 of 2025 is set aside and the matter is remanded back to the writ Court for fresh adjudication by affording an opportunity to all parties and pass orders on merits and in accordance with law. However, this Court has not expressed any opinion on the merits of the case.

6. Accordingly, Writ Appeals stand allowed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

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2026 Supreme(Online)(Mad) 41072

IN THE HIGH COURT OF JUDICATURE AT MADRASS. M. SUBRAMANIAM, K. SURENDER, JJChief Executive Railway Employees Cooperative Credit Society Ltd. – AppellantVersusK.Vijayalakshmi – RespondentW.A.Nos.1143, 1144, 1142 & 1145 of 2026 | C.M.P.Nos.11369, 11368, 11366 & 11385 of 2026

Interim orders passed without hearing the affected party violate natural justice and are liable to be set aside with remand for fresh adjudication after opportunity to all parties.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. SUBRAMANIAM, K. SURENDER, JJ
Chief Executive Railway Employees Cooperative Credit Society Ltd. – Appellant
Versus
K.Vijayalakshmi – Respondent
W.A.Nos.1143, 1144, 1142 & 1145 of 2026 | C.M.P.Nos.11369, 11368, 11366 & 11385 of 2026