C.B.M.College Rep By Its v. P.Shanmugasundaram

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.01.2016

CORAM

THE HON'BLE Mr. JUSTICE SATISH K.AGNIHOTRI and THE HON'BLE Dr. JUSTICE P.DEVADASS W.A.No.1796 of 2015 and M.P.No.1 of 2015 C.B.M.College rep. by its Secretary, Coimbatore - 641 042.

..Appellant/1st Respondent Vs.

1.P.Shanmugasundaram ..1st Respondent/Petitioner 2.The Principal, CBM College, Coimbatore - 641 042.

3.The Regional Joint Director of Collegiate Education, Coimbatore Region, Coimbatore - 641 018.

..Respondents/Respondents 2 & 5 Prayer in WA.NO.1796/2015:- Writ Appeal filed under Clause 15 of Letters Patent against the order dated 06.08.2015 made in W.P.No.24012 of 2015. Prayer in WP.No.24012/2015:- Writ Petition presented under Article 226 of the Constitution of India, seeking for a writ of Mandamus directing the respondents to pay 18% interest per annum to the petitioner for the delayed disbursal of all terminal benefits.

For Appellant ..

Mr.K.S.Govinda Prasad For Respondents ..

Mr.K.Karthikeyan, Govt. Advocate for R3

JUDGMENT

(Judgment of the Court was delivered by SATISH K.AGNIHOTRI, J.) Mr.K.Karthikeyan, learned Government Advocate accepts notice on behalf of the third respondent. Notice to respondents 1 and 2 is dispensed with at this stage, as, no adverse order is passed against them in this writ appeal. Thus, with the consent of the learned counsel for the appellant and the learned Government Advocate appearing for the third respondent, the writ appeal is taken up for final disposal, at the admission stage itself.

2.The instant appeal is preferred at the instance of the College/first respondent in the writ petition. The only grievance of the appellant is that a direction is given to the third respondent viz., Regional Joint Director of Collegiate Education, Coimbatore Region, Coimbatore, to consider the representation of the writ petitioner, without there being any reference to the opportunity of hearing being provided to the college also, the appellant herein.

3.Learned Government Advocate appearing for the third respondent herein fairly submits that while considering the representation dated 21 April 2015 made by the writ petitioner, an opportunity of hearing will be afforded to the appellant herein also.

4.In view of the above said submission of the learned Government Advocate, it is ordered accordingly. 5.The writ appeal stands disposed of with the above clarification. No costs. Consequently, connected miscellaneous petition is closed.

sd/- Assistant Registrar(Cs-II) /TRUE COPY/ Sub-Assistant Registrar mmi

To The Regional Joint Director of Collegiate Education, Coimbatore Region, Coimbatore - 641 018.

+1 CC to MR.K.S.Govinda Prasad Advocate. SR.NO.893 W.A.No.1796 of 2015 CO-SKV JD 25/01/2016