Leave granted.
By an order dated 6.9.2006, the learned Single Judge of the Madras High
Court allowed the writ petition filed by the appellant and quashed the demand of
water charges created by Collector, Tirunelveli in lieu of the use of water from
Tamirabarani river. The writ appeal filed by the respondents against the order of the
learned Single Judge was taken up for hearing on 18.3.2008 from the weekly list of
the court and even though none appeared for either of the parties, the Division Bench
allowed the same on the ground of availability of alternative remedy and also on the
ground that in exercise of jurisdiction under Article 226 of the Constitution, the
Court cannot go into the question of interpretation of an agreement.
It is not in dispute that the writ appeal filed by the respondent was not
shown in the daily cause list and it was taken up from out of the weekly list without
notice to the parties or their counsel and as a result none could represent the parties.
This being the position, the Division Bench was not justified in disposing of the appeal
on merits.
...2/-
Accordingly, the appeal is allowed, impugned order passed in the writ
appeal is set aside and the matter is remanded to that Court for deciding the writ
appeal on merits in accordance with law after giving opportunity of hearing to the
parties.
In the facts and circumstances of the case, the High Court is requested to
dispose of the writ appeal as expeditiously as possible.
[G.S. SINGHVI] New Delhi, April 02, 2009.