The Management, Lucas TVS Limited, Padi, Chennai v. M. Gunaseelan and another . . .
2005-08-17
A.KULASEKARAN, MARKANDEY KATJU
body2005
DigiLaw.ai
Markandey Katju, C.J.: This writ appeal has been filed against the impugned judgment of the learned single Judge dated 21.9.2004 in W.P.No.9262 of 1997. 2. Learned counsel for the appellant, Mr.V.Karthik, submitted that neither his name nor the firm, with which he is associated, was shown in the cause-list dated 21.9.2004 when the writ petition was taken up for hearing and decided by the learned single Judge. 3. It is the first principle of justice that no one should be condemned without affording him an opportunity of hearing. In the High Court it is the practice that notice is issued to the party by printing the name of the lawyer who has filed the vakalath on behalf of the party in the cause-list. Obviously, if the name of the lawyer is not shown in the cause-list, the lawyer will not get to know that the case is on board and may be taken up for hearing. Hence, any judgment passed without printing the name of the lawyer who has filed vakalath on behalf of the party in the cause-list becomes a nullity. Hence, in our opinion, the impugned order dated 21.9.2004 is a nullity as it is against the principle of natural justice. The impugned order is, therefore, set aside and the matter is remanded back to the learned single Judge for fresh disposal on merits after hearing the counsel for the parties. The writ petition is directed to be listed before the learned single Judge in the week commencing 5th September, 2005 for final hearing. Show the names of Mr.V.Karthik for M/s T.S.Gopalan and Company for the petitioner and Mr.R.Gopalakrishnan for the respondent in the list. 4. The writ appeal is allowed. Connected W.V.A.M.P.Nos.2791 and 2792 of 2005 and W.A.M.P.No.1054 of 2005 are closed.