D.Subramaniyan, v. The Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.12.2024 CORAM :

THE HONOURABLE MR. JUSTICE MUMMINENI SUDHEER KUMAR W.P.No.34537 of 2015 and M.P.Nos.2 & 3 of 2015 D.Subramaniyan ... Petitioner Vs.

1.The Principal Secretary to Government of Tamil Nadu, Higher Education Department, Fort St. George, Chennai- 600 009 2.The Commissioner of Technical Education, Guindy Chennai- 600 025 3.The Principal P.T.Lee. C.No.Polytechnic College, Vepery, Chennai- 600 007 4.The Chairman Governing Council P.T.Lee. C.No.Polytechnic College, Vepery, Chennai- 600 007

...Respondents

Page No.1 of 5

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the records connected with the impugned order No.917/A3/2010 dated 28.09.2015 on the file of the 3rd respondent and to quash the same, and direct the 3rd respondent to follow his own order No.917/A3/2010 dated 06.03.2015.

For Petitioner : Mr.D.Subramanian Party-in-person For Respondents : Mr.C.Jayaprakash Government Advocate for R1 & R2 Mr.E.Manoharan, for R3 & R4

ORDER

Mr.C.Jayaprakash, learned Government Advocate, appearing for the respondents 1 & 2 submitted that the similar issue that arise for consideration in the present writ petition has been considered by a co-ordinate Bench of this Court in W.P.No.7135 of 2020 and Batch which was disposed of by an order dated 06.03.2024 and the said order was though appealed against in W.A.No.3093 of 2024 the same is pending, but no stay was granted. In the light of the said order dated 06.03.2024 passed by the Co-ordinate Bench, the impugned order is also liable to be quashed.

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2.In the circumstances, the impugned order dated 28.09.2015 passed by the 3rd respondent is quashed and accordingly the writ petition is allowed. There shall be no order as to cost. Consequently, connected miscellaneous petition is closed.

04.12.2024 vsn Index :

Yes/No Speaking Order :

Yes/No Page No.3 of 5

To 1.The Principal Secretary to Government of Tamil Nadu, Higher Education Department, Fort St. George, Chennai- 600 009 2.The Commissioner of Technical Education, Guindy Chennai- 600 025 3.The Principal P.T.Lee. C.No.Polytechnic College, Vepery, Chennai- 600 007 4.The Chairman Governing Council P.T.Lee. C.No.Polytechnic College, Vepery, Chennai- 600 007 Page No.4 of 5

MUMMINENI SUDHEER KUMAR,J.

vsn W.P.No.34537 of 2015 and M.P.Nos.2 & 3 of 2015 04.12.2024 Page No.5 of 5