SUPER SARAVANA STORES Vs. HENRI TIPHAGNE

JUDGEMENT

(1.) This appeal is preferred against the order of the learned Single Judge, passed in W.P.(MD) No.28841 of 2022 dtd. 12/6/2023, whereby the learned Single Judge had issued series of directions for identifying the existence of certain alleged public nuisances and for removal/rectification of such nuisances. This appeal is filed under Clause 15 of the Madras High Court Letters Patent.

(2.) The first respondent/party-in-person raised a preliminary objection with regard to the maintainability of this appeal contending that the order of the learned single Judge was passed in exercise of criminal jurisdiction and therefore, an intra Court appeal is barred in view of Clause 15 of the Letters Patent.

(3.) In response, the learned Senior counsel appearing for the appellant attempted to substantiate its maintainability by stating that the order in question dealt the issue in hand as a Public Interest Litigation and therefore, this appeal is maintainable.