IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.11.2013 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR Writ Petition No.28488 of 2013 M.P.No.1 of 2013 M.Murugan ... Petitioner Vs. 1. The Co-operative Sub Registrar/Field Officer cum Surcharge Enquiry Officer, Madhanur, Gudiyatham Taluk, Vellore District.Court under Para14 has explained rem &persona judgements

- January 25, 2020

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.11.2013
CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR Writ Petition No.28488 of 2013
M.P.No.1 of 2013 M.MuruganVs. The Co-operative Sub Registrar/Field Officer cum Surcharge Enquiry Officer,Madhanur, Gudiyatham Taluk,Vellore District.

14. In the present writ petition, it is the case of the petitioner that as he had not opposed or

challenged the surcharge proceedings initiated by the then Co-operative Sub Registrar/Field Officer,

Jolarpet, Mr.M.M.Subramanian, the judgment rendered in W.P.No.15758 of 2006, dated 22.06.2012, can be treated only as a "judgment in personam" and not as "judgment in rem". In C.L. Pasupathy v. Engineer in Chief (WRO) reported in 2009 (2) MLJ 491, this Court has considered the expressions, "judgment in 'in rem' or a judgment 'in personam'", as follows: Read further under Para 14 in main judgement to understand Judgement in rem & Judgement in Persona .