VISHWA HINDU VIDYA KENDRA Vs. COMMISSIONER

JUDGEMENT

(1.) The appeals before us lie in a very compass. During the pendency of the proceedings initiated invoking Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, treating the appellant as alleged encroachers. Applications have been filed seeking to examine the witnesses on behalf of the appellant through the Commissioner by taking note of their position and age. The said request was rejected and confirmed in revision. The learned Single Judge, in turn, concurred with the views expressed. Challenging the same, the present appeals are before us.

(2.) Mr.Sathish Parasaran, learned Senior Counsel appearing for the appellant would only contend that considering the age of the witnesses, the cross examination need not be done in person by issuing summons.

(3.) Ms.Hema Sampath, learned Senior Counsel appearing for the contesting respondent submitted that what is required is the proof affidavit and liberty may be given in the event of the contesting respondent seeking to cross examine the aforesaid witnesses through video conferencing.