M.Ganesan v. The Chancellore

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2023

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR AND THE HON'BLE MR.JUSTICE K.KUMARESH BABU and C.M.P.Nos.16823 & 16824 of 2019 Dr.M.Ganesan ....

Appellant Vs 1.The Chancellor Tamil University Raj Bhavan Guindy, Chennai 600 022.

2.Government of Tamil Nadu Rep.by its Secretary Tamil Development and Information Department, Fort St.George Chennai 600 009.

3.Search Committee Rep.by its Chairman Tamil Univesity, No.422, 2nd Main Road Sri Kapaleeswarar Nagar, Neelangarai Chennai 600 115.

4.Tamil University Rep.by its Registrar Trichy Main Road Thanjavur - 613 010.

5.Dr.G.Balasubramanian ....

Respondents Prayer : Writ Appeal filed under Clause 15 of the Letters Patent against the order 1/5

dated 18.6.2019 made in W.P.No.31828 of 2018. For Appellant :

Ms.Parvin Banu L.

For Respondents :

Mr.K.V.Sajeev Kumar Special Government Pleader-for R2 Mr.Sivavarthanan - for R4 Mr.Senthil Kumaran - for R5 No appearance - for RR 1 and 3

J U D G M E N T

(Order of the Court was made by R.SURESH KUMAR, J.) The very challange that has been made before the Writ Court in W.P.No.31828 of 2018 was the appointment of the 5th respondent as the Vice Chancellor of the 4th respondent University.

2. The said writ petition was dismissed by the order of the Writ Court dated 18.06.2019. Challenging the same, the present intra court appeal has been directed.

3. Today, when the writ appeal is taken up for hearing, the learned counsel for the appellant submitted that though the term of office of the 5th respondent which started from 05.10.2018 was over by 04.10.2021 and thereafter a new incumbent has come in the place of the 5th respondent at the 4th respondent University as Vice Chancellor, it is for the Court to take a decision on the issue 2/5

raised in the writ petition followed by the present appeal academically.

4. We have also heard the learned counsel for the 4th respondent University and the learned counsel for the 5th respondent.

5. Since the very term of office is over, the issue raised in the writ petition which has been negatived by the learned Judge can be agitated by the appellant or any other person aggrieved at an appropriate time later. Therefore, for that purpose, this writ appeal need not be kept pending. In that view of the matter, this writ appeal is dismissed. No costs. Consequently, connected miscellaneous petitions are also dismissed.

(R.S.K.,J.) (K.B.,J,.) 10.07.2023 Index : Yes/No Internet : Yes/No KST 3/5

To 1.The Chancellor Tamil University Raj Bhavan Guindy, Chennai 600 022.

2.Government of Tamil Nadu Rep.by its Secretary Tamil Development and Information Department, Fort St.George Chennai 600 009.

3.Search Committee Rep.by its Chairman Tamil Univesity, No.422, 2nd Main Road Sri Kapaleeswarar Nagar, Neelangarai Chennai 600 115.

4.Tamil University Rep.by its Registrar Trichy Main Road Thanjavur - 613 010.

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R.SURESH KUMAR, J.

AND K.KUMARESH BABU, J.

KST 10.07.2023 5/5