1954 JTR(Mad) 224
1955 AIR(Mad) 287 ; 1954 67 LW 714 ; 1954 2 MLJ 473 ; 1955 ILR(Mad) 1033
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Satyanarayana Rao and Rajagopalan, JJ.
V. Tirupuliswamy Naidu, In re. .....In Re.
S.R.No.21880 of 1954.
Decided On : 04 May 1954
Appeal against an order passed under Article 227 of Constitution.
Act
Referred
:CONSTITUTION OF INDIA : Art.227
LETTERS PATENT : Cl.15
Letters Patent (Madras), Clause 15 - Appeal-Maintainability of an appeal from an order under Article 227 of Constitution.
M.K. Nambiar and L.S. Veeraraghava Aiyar for Appellant.
Satyanarayana Rao, J.-
This matter was placed before us for orders as to whether the appeal lies against the order of the learned Chief Justice in Civil Revision Petition No.473 of 1954. The Civil Revision Petition was filed both under section 115, Civil Procedure Code and also under Article 227 of the Constitution. In the revision petition the learned Chief Justice disposed of the matter on merits and agreed with the learned District Judge that the respondent ceased to hold office because of the supervening disqualification that he had become a leper. In that view the learned Chief Justice thought it unnecessary to deal with the preliminary objection raised on behalf of the respondent that the Civil Revision Petition was itself incompetent, because the District Judge acting under section 51 of the District Municipalities Act was only a persona designata and not a Court. The jurisdiction that was invoked whether it rightly falls under section 115, Civil Procedure Code, or under Article 227 of the Constitution in our opinion, is the revisional jurisdiction and not the extraordinary original jurisdiction like the jurisdiction of this Court under section 226 of the Constitution. Under the Letters Patent an appeal lies against the decision of a single Judge of this Court only if it is a judgment which was not rendered in exercise of revisional jurisdiction. The Letters Patent was amended in 1927. In our opinion the jurisdiction under Article 227 of the Constitution is revisional jurisdiction and the appeal is therefore incompetent. The S.R. is rejected.
R.M. ----- Petition rejected.