C. Senthilvel Vs. E. S.
Natarajan & Ors. [2008] INSC 1110 (14 July 2008)
Judgment
CIVIL APPELLATE
JURISDICTION CIVIL APPEAL NO.4373 OF 2008 (Arising out of S.L.P. (C) No.16086
of 2007) C. Senthilvel ...Appellant(s) Versus E.S. Natarajan and Ors.
...Respondent(s) O R D E R Leave granted.
Heard learned counsel
for the parties.
The Trial Court, by
its order dated 16th April, 2007, directed appointment of the appellant as a
Member of the Anbanathapuram Vahaira Charities Education Committee (for short,
AVC Education Committee) for a period of six years from the date of the order
in the vacancy caused due to the expiry of the term of a Member of the AVC
Education Committee on 8th January, 2007. Against the said order, two writ
applications were filed before the High Court, out of which one was dismissed
whereas another was allowed and the impugned order passed by the Trial Court
has been set aside. Against the impugned order, present appeal has been filed
by special leave.
In the impugned order
it has nowhere been stated that there was any error apparent on the face of the
record. It appears that the High Court in exercise of writ jurisdiction
....2/- -2- has re-appreciated the entire matter and substituted its own
findings which is ordinarily not permissible under law. Nowhere it has been
recorded in the impugned order that the finding recorded by the Trial Court in
its order is perverse. This being the position, in our view, the High Court was
not justified in interfering with the impugned order passed by the Trial Court.
Accordingly, the
appeal is allowed, impugned order passed by the High Court is set aside and the
same passed by the Trial Court is restored.
......................J.
[B.N. AGRAWAL]
......................J.
[G.S. SINGHVI]
New
Delhi, July 14, 2008.
Back
Pages: 1 2 3
