Rajiv Gandhi Educational v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 10.12.2021

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.No.7773 of 2017 and W.M.P.No.8520 of 2017 Rajiv Gandhi Educational Charitable Trust, Rep by its Trustee S.S.Tamilarasan.

Having Office at 68/2, Athur main road, Oilpatty Post, Raasipuram Taluk, Namakkal District.

...Petitioner

Vs.

1.The Commissioner, Directorate of Technical Education (DOTE), Chennai - 600025.

2.United Commercial Bank, Namagiripettai Branch, Rep by its Branch Manager, Namagiripettai, Namakkal District.

3.R.Senthilkumar 4.N.Chandrasekaran

...Respondents

PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing to 1st respondent herein not to insist for fresh Trust Caution deposit from the petitioner to run the Raasi Polytechnic College situated at 68/2, Athur main road, Ailpatty Post, Rasipuram Taluk, Namakkal District.

For Petitioner : M/S.Venkataswamy Babu For R1 : Mr.Shahjahan Special Government Pleader For R3 and R4 : No Appearance.

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O R D E R

This Writ petition has been filed for issuance of a Writ of Mandamus to direct the 1st respondent not to insist the Trust with the caution deposit from the petitioner Trust to run the Raasi Polytechnic College situated at 68/2, Athur main road, Ailpatty Post, Raasipuram Taluk, Namakkal District.

2. When the matter is taken up for hearing, the learned counsel for the petitioner would submit that he has not received any instructions from his client. However, he submits that there are dispute between the petitioner and the respondents 3 and 4. Both the parties have filed suits in O.S.No.28 of 2016 and O.S.No.05 of 2017, which are pending before the Sub Court, Rasipuram and District Munsif Court, Rasipuram respectfully. Therefore, he submits that the present dispute will be sorted out once the appropriate decree is passed by the Court below. In view of the above, he submits that the writ petitioner is not pressing for the relief sought for in the present Writ Petition.

3. Hence, the present Writ Petition is dismissed as not pressed. No Costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-VIII) // True Copy // Sub Assistant Registrar sp/mpl To The Commissioner, Directorate of Technical Education (DOTE), Chennai - 600 025.

W.P.No.7773 of 2017 and WMP.No.8520 of 2017 GPL(CO) CB(27/12/2021) https://hcservices.ecourts.gov.in/hcservices/