The Chairman v. The Principal Secretary/

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:20.05.2015

CORAM

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.A.No.758 of 2015 and M.P.No.1 of 2015 The Chairman Valivalam Desikar Polytechnic College Nagapattinam 611 001.

... Appellant vs

1. The Principal Secretary/ The Commissioner of Technical Education, Guindy Chennai 600 025.

2. The Government of Tamil Nadu rep.by Secretary, Higher Education Fort St.George, Chennai.

... Respondents Prayer : Writ Appeal against the order of this Court dated 10.04.2015 passed in M.P.No.2 of 2015 in W.P.No.10516 of 2015. Prayer in M.P.No.2 of 2015 in W.P.No.10516 of 2015 : Miscellaneous Petition filed under Article 226 of the Constitution of India, to stay the operation of the order of the 1st Respondent in letter No.49132/C3/13 dated 20.3.2015 pending disposal of the above W.P.No.10516 of 2015.

Prayer in W.P.No.10516 of 2015 : This Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari to call for the records of the 1st Respondent ending with Letter No.49132/C3/13 dated 20.3.2015 and quash the same. For Appellant : Mr.N.A.Nissar Ahmed For Respondents : Mr.R.Ravichandran Additional Government Pleader

J U D G M E N T

(Judgment of the Court was delivered by M.DURAISWAMY,J.,) Challenging the order dated 10.04.2015 passed by the learned Single Judge in dismissing the stay petition filed in M.P.No.2 of 2015 in W.P.No.10516 of 2015, the appellant/writ petitioner has filed the above writ appeal.

2. The writ petition was filed by the appellant/writ petitioner to issue a writ of certiorari to call for the records of the first respondent ending with letter No.49132/C3/13 dated 20.03.2015 and to quash the same. Along with the writ petition, the appellant/writ petitioner also filed the stay petition in M.P.No.2 of 2015 to stay the impugned letter dated 20.03.2015, pending disposal of the writ petition.

3. The learned Single Judge, taking into consideration the case of the appellant/writ petitioner dismissed the stay petition. Since the main writ petition is pending before the learned Single Judge, we are of the considered view that instead of passing any order in the present writ appeal, we request the learned Single Judge to take up the writ petition in W.P.No.10516 of 2015 itself for final hearing and dispose of the same.

4. Therefore, we do not find any ground to interfere with the order passed by the learned Single Judge.

5. With the above observation, this writ appeal is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vj2

To

1. The Principal Secretary/ The Commissioner of Technical Education, Guindy Chennai 600 025.

2. The Secretary, Higher Education Government of Tamil Nadu Fort St.George, Chennai.

Copy To The Section Officer, Writ (Posting) Section, High Court, Madras.

+2cc's to Mr.N.A.Nissar Ahmed, Advocate, S.R.No.25300 +1cc to the Government Pleader, S.R.No.25359 W.A.No.758 of 2015 PVR(CO) CA(22/05/2015)