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Madras High CourtWA/2061/2023withdrawn dismissed

The Secretary v. State Of Tamilnadu

2024-06-11Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice K.Kumaresh Babu7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU The Secretary Tamil Nadu Silambattam Associaton, Aj-11/102, 2nd Street, Shanthi Colony, Anna Nagar, Chennai -600 040.

(R6 Suo motu impleaded vide order dated 06.02.2023 in WP No.33711 of 2022) ... Appellant versus 1.State of Tamil Nadu, Represented by its Secretary, Department of Higher Education, Fort St.George, Chennai-09.

2.The Registrar, The Tamil Nadu Veterinary and Animal Science University, Madhavaram Milk Colony, Chennai-600051.

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3.The Chairman, Admission Committee(UG) The Tamil Nadu Veterinary and Animal Science University, Madhavaram Milk Colony, Chennai-600051.

4.The Member Secretary, SDAT, Nehru Stadium Campus, Periamet, Chennai-600003.

5.S.Menaka 6.R.Kiruthika 7.The Government of India, Ministry of youth Affairs and Sports, Through its Under Secretary, Cafetaria Building, Pragati Vihar Hostel, CGO Complex, Lodhi Road, New Delhi-110 003.

... Respondents R7 added as a pary respondent, vide order of Court dated 15.09.2023 made in WA Nos.1025 and 2061 of 2023 (CJ and PDAJ) PRAYER: Writ Appeal filed against the order of the learned Single Judge in WP No.33711 of 2022 dated 01.03.2023.

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For the Appellant :Mr.J.Ranjithkumar For the Respondents :Mr.V.Manoharan Additional Government Pleader for first respondent Mr.S.Vijayakumar Senior Counsel for Mr.J.Melwin Jebaz for respondents 2 and 3 Ms.N.S.Tanvi for fourth respondent Mr.V.Chandrasekaran Senior Panel Counsel for seventh respondent

JUDGMENT

(Judgment of the Court was delivered by D.KRISHNAKUMAR, J.) This Writ Appeal is filed against the order of the learned Single Judge in WP No.33711 of 2022 dated 01.03.2023.

2. Learned counsel for the appellant Association seeks to withdraw the appeal and he has also made an endorsement to that effect in the appeal papers.

3. At this juncture, an impleading application is filed by one 3/7

K.G.Murali Krishna, who appeared before the writ court in his capacity as Secretary of the appellant Association and he has argued as party in person before the learned Single Judge.

4. Learned counsel for the impleading petitioner would submit that an observation has been made by the Writ Court on his individual capacity and not as a representative of the Association, and due to such observation made by the learned Single Judge, he has suffered at the hands of other members of the Association and his posting as Secretary has been thrown out by the Association, for that, he has also filed a suit seeking appropriate relief.

5. In such circumstances, the impleading petitioner has not challenged that order by filing any appeal, on the other hand, it is only the association that has filed the present appeal and now the association seeks to withdraw the appeal. Insofar as his grievance that the observation made on his individual capacity, by the learned Single Judge is unsustainable, it is for him to challenge the said individual observation made by the Writ Court separately, if so desires.

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6. With the above, the writ appeal stands dismissed as withdrawn. There shall be no order as to costs. CMP No.8433 of 2024 is closed. [D.K.K., J.] [K.B., J.] 11.06.2024 Index : Yes/No mrn 1.The Secretary, Department of Higher Education, Fort St.George, Chennai-09.

2.The Registrar, The Tamil Nadu Veterinary and Animal Science University, Madhavaram Milk Colony, Chennai-600051.

3.The Chairman, Admission Committee(UG) The Tamil Nadu Veterinary and Animal Science University, Madhavaram Milk Colony, Chennai-600051.

4.Under Secretary, Cafetaria Building, The Government of India, Ministry of youth Affairs and Sports, Pragati Vihar Hostel, CGO Complex, Lodhi Road, New Delhi-110 003.

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D.KRISHNAKUMAR, J.

and K.KUMARESH BABU, J.

(mrn) 11.06.2024 6/7

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