VINOTH Vs. TRANSPORT COMMISSIONER

JUDGEMENT

(1.) The Appellants / Petitioners have preferred the present intra-court Writ Appeal as against the Order dated 03.02.2017 in W.P.No.2665 of 2017 passed by the Learned Single Judge in dismissing the Writ Petition.

(2.) Heard the Learned Counsel for the Appellants / Petitioners and the Learned Special Government Pleader for the Respondents 1 and 2. In view of the fact that this Court is disposing of the present Writ Appeal at the admission stage itself, it is not ordering notice to the Respondents 3 to 9 and issuance of notice is dispensed with.

(3.) The Learned Counsel for the Appellants contends that the order of the Learned Single Judge in dismissing the Writ Petition is opposed to the well settled 'Principles of Law and Facts of the Case'. In this connection, it is the submission of the Learned Counsel for the Appellants that the reasons assigned in the impugned order passed by the Learned Single Judge in dismissing the Writ Petition suffers from fundamental flaw. Furthermore, the Learned Single Judge had failed to appreciate that the question of 'Lawful Possession' is for the Civil Court to consider and the same is not to be determined in the Writ Proceedings, as a 'Question of Fact' especially, when no pleadings were made in regard to the same and without evidence being adduced thereto.