2026 Supreme(Online)(Mad) 43684
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. R. Swaminathan, V. Lakshminarayanan, JJ
N. Prakasam – Appellant
Versus
Addl. Chief Secretary to Govt. Revenue and Disaster Management Department – Respondent
WA No. 1450 of 2026
Important Points
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.
Subject
Civil Law - Appellate Jurisdiction
Act Referred
Letters Patent: S.Clause 15
Headnote
The appeal concerns the sustainability of a Writ Appeal against a docket order passed by a Single Judge of the High Court. The appellant sought to set aside the order and requested that the underlying petition be considered on merits without requiring the impleadment of private parties at the initial stage. The Court examined the maintainability of the appeal under the Letters Patent. The core issue is whether a docket order functions as a 'judgment' under Clause 15 of the Letters Patent allowing for intra-court appeals. The Court determined that such orders, which are purely procedural in nature, do not satisfy the criteria of a judgment within the established legal framework, thereby precluding the maintainability of the appeal. The appeal is dismissed as not maintainable, with liberty granted to the appellant to implead necessary parties as deemed appropriate.
Advocates:
For the Appellants/Petitioners: R. Ganesan
For the Respondents: Mohammed Fayaz Ali
| Table of Content |
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| 1. determination that a docket order is not appealable under letters patent. (Para 1 , 2) |
(Judgment of the Court was delivered by G.R.Swaminathan J.)
Heard both sides.
2. The order passed by the learned Single Judge does not constitute a judgment within the meaning of Clause 15 of the Letters Patent. Hence, this Writ Appeal is dismissed as not maintainable. However, it is open to the appellant to implead such persons as he deems fit. No costs.