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Madras High CourtWP/13984/2017withdrawn dismissed

D.Wilfred Daniel v. The State Of Tamil Nadu

2017-06-06Honourable Mr Justice T.Raja4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.06.2017

CORAM

THE HON'BLE MR.JUSTICE T.RAJA W.P. No.13984 of 2017 D. Wilfred Daniel ... Petitioner vs.

The State of Tamil Nadu represented by the Principal Secretary to Government Higher Education Department Secretariat Fort St. George Chennai 600 009 The State of Tamil Nadu represented by the Principal Secretary to Government School Education Department Secretariat Fort St. George Chennai 600 009 The Director of Collegiate Education The Director of School Education The Director of Elementary Education The Director of Teacher Education, Research & Training

The Judge Administrator The Tamil Evangelical Lutheran Church (TELC) Administrative Office P.B. No.86 Tranquebar House Tiruchirapalli 620 001 ... Respondents Writ Petition under Article 226 of the Constitution of India seeking a writ of mandamus forbearing the 7th respondent from making any appointment, promotion or transfer of teachers working in the schools/colleges/institutions run by TELC till the conclusion of election to Church Council/Executive Committee of TELC in democratic manner and based on valid registration of Society under Section 5 of the Tamil Nadu Societies Registration Act, 1975.

For petitioner :Mr. G. Sankaran For RR 1 & 2 :Mr. T.M. Pappiah Special Government Pleader For RR 3 to 6 :Mr. P. Sanjay Gandhi Addl. Govt. Pleader

ORDER

The prayer made by the petitioner to forbear the Judge Administrator from making any appointment, promotion or transfer, etc., is wholly untenable for two reasons. Firstly, a Division Bench of this Court, by order dated 29.04.2016 passed in L.P.A. Nos. 3 and 5 of 2015, has appointed the Judge Administrator to supervise the administration of TELC and the said Judge Administrator was empowered to make any appointment, promotion or transfer, etc. While so, the present writ petition filed before a Single Judge by making a prayer to forbear the said Judge Administrator from making any appointment, promotion or transfer, etc. is wholly misconceived. It is, at this stage, the learned counsel for the petitioner sought permission for withdrawal of the writ petition.

Therefore, recording his submission, this writ petition is dismissed as withdrawn. No costs. Connected W.M.P. is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar cad To The Principal Secretary to Government Higher Education Department State of Tamil Nadu Secretariat Fort St. George Chennai 600 009 The Principal Secretary to Government School Education Department State of Tamil Nadu Secretariat Fort St. George Chennai 600 009 The Director of Collegiate Education The Director of School Education The Director of Elementary Education

The Director of Teacher Education, Research & Training +1cc to M/S.G.Sankaran, Advocate Sr.40849 +1cc to the Government Pleader Sr.40759 W.P. No.13984 of 2017 srg 20/06/2017