IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.4373 OF 2008 (Arising out of S.L.P. (C) No.16086 of 2007)

C. Senthilvel      ...Appellant(s)

Versus

E.S. Natarajan and Ors.      ...Respondent(s)

O  R  D  E  R

Leave granted.

Heard learned counsel for the parties.

The Trial Court, by its order dated 16th April, 2007, directed appointment

of the appellant as a Member of the Anbanathapuram Vahaira Charities Education

Committee (for short, AVC Education Committee) for a period of six years from the

date of the order in the vacancy caused due to the expiry of the term of a Member of

the AVC Education Committee on 8th January, 2007.  Against the said order, two

writ applications were filed before the High Court, out of which one was dismissed

whereas another was allowed and the impugned order passed by the Trial Court has

been set aside.  Against the impugned order, present appeal has been filed by special

leave.

In the impugned order it has nowhere been stated that there was any error

apparent on the face of the record.  It appears that the High Court  in exercise of writ

jurisdiction

....2/-

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has  re-appreciated  the  entire  matter  and  substituted  its  own  findings  which  is

ordinarily not permissible under law.  Nowhere it has been recorded in the impugned

order that the finding  recorded by the Trial  Court in its order is perverse.  This

being the position, in our view, the High Court was not justified in interfering with

the impugned order passed by the Trial Court.

Accordingly,  the appeal is allowed,  impugned order passed by the High

Court is set aside and the same passed by the Trial Court is restored.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, July 14, 2008.