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Virudhunagar Hindu Nadargal Dharma ... vs Tuticorin Educational Society on 3 October, 2019

(xiv) A petition under Article 227 of the Constitution may still be maintainable if it is shown that the proceedings before the Magistrate suffer from a patent lack of jurisdiction. The jurisdiction under Article 227 is one of superintendence and is visitorial in nature and will not be exercised unless there exists a clear jurisdictional error and that manifest https://www.mhc.tn.gov.in/judis 11/14 C.R.P. (MD) No. 1012 of 2024 or substantial injustice would be caused if the power is not exercised in favour of the petitioner. (See Abdul Razak -vs- Mangesh Rajaram Wagle [(2010) 2 SCC 432], Virudhunagar Hindu Nadargal Dharma Paribalana Sabai v. Tuticorin Educational Society [(2019) 9 SCC 538]. In normal circumstances, the power under Article 227 will not be exercised, as a measure of self-imposed restriction, in view of the corrective mechanism available to the aggrieved parties before the Magistrate, and then by way of an appeal under Section 29 of the Act.”
Supreme Court of India Cites 7 - Cited by 517 - V Ramasubramanian - Full Document
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