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Madras High CourtWP/33223/2024closed

Rev.D.Soundarapandiyan v. The Director Of Collegiate Education

2025-01-21Honourable Mrs Justice V.Bhavani Subbaroyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.01.2025

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN and W.M.P.Nos.36007 and 36008 of 2024 Rev. D. Soundarapandiyan .. Petitioner

Versus

1. The Director of Collegiate Education, I.A.S.E. Campus, 577, Anna Salai, Saidapet, Chennai - 600 015.

2. The Regional Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli.

3. Rev.Dr.ARGST, Barnabas, The Bishop, Bishopstowe, CSI Diocese of Tirunelveli No.15, North High Ground Road, Palayamkottai, Tirunelveli-627 007.

4. Mr.P.Samson Paulraj .. Respondents Prayer: This Writ petition is filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus Calling for the records on the file of the 1st respondent relating to order made in 1/6

Mu.Mu.No.29057/F4/2024 dated 29.10.2024 and quash the same and consequently forbear the 4th respondent from functioning, discharging duties as Secretary/Correspondent of Sarah Tucker College, Palayamkottai, Tirunelveli and pass orders.

For Petitioner : Mrs.G.Selvi George For Respondents 1 and 2 : Mr.U. Baranidharan, AGP For Respondent 3 : Mr.Vigneshwar Elango For Respondent 4 : Mr.G.Surya Narayanan

ORDER

This petition is filed seeking to issue a writ of Mandamus Calling for the records on the file of the 1st respondent relating to order made in Mu.Mu.No.29057/F4/2024 dated 29.10.2024 and quash the same and consequently forbear the 4th respondent from functioning, discharging duties as Secretary/Correspondent of Sarah Tucker College, Palayamkottai, Tirunelveli and pass orders.

2. The facts of the case is that the first respondent has passed an order in Mu.Mu.No.29057/F4/2024 dated 29.10.2024 wherein they have granted approval of Mr.Samson Paulraj/4th respondent herein to act as a Secretary in the Sarah Tucker College, Palayamkottai, Tirunelveli. The 2/6

sum and substance of the case is that based on the recommendations of the 3rd respondent, the first respondent has passed the said order, whereas the fact remains that the 3rd respondent cannot make any such recommendation and as per the constitution the recommendation can be done only by the standing committee on Higher Education. Hence, challenging the order dated 29.10.2024 passed by the first respondent, the petitioner has come up with this petition.

3. When the matter is taken up for hearing on 21.01.2025 the learned counsel appearing for the petitioner submitted that the first respondent has passed an order in K.Dis.No.29067/F4/2024 dated 18.12.2024 appointing Mr.K.Sivanantha Jothi ( District Judge- Retd) as a new Secretary of the college. She further produced the copy of the said order and other relevant records before this Court.

4. This Court perused the records submitted by the learned counsel for the petitioner, wherein, it is found that the 4th respondent herein have also filed O.A.No.783 of 2024 in C.S.No.247 of 2024 regarding the administration of diocese, wherein this Court vide order dated 25.11.2024 appoints the fourth and fifth defendants in the said suit as Administrator 3/6

and a direction was issued to them to nominate a person who will discharge the functions of Correspondent/Secretary of Sara Tucker College and ensure day to day affairs of the college. Pursuant to which meeting was held on 07.12.2024. Thereafter, the first respondent has passed an order in K.Dis.No.29067/F4/2024 dated 18.12.2024 wherein they have appointed Mr.K.Sivanantha Jothi ( District Judge- Retd) as a new Secretary of the college. As the petitioner's case has been considered, nothing survives for further consideration by this Court.

5. In view of the above said position, nothing survives for further adjudication by this Court and hence the Writ Petition is closed. No costs. Consequently, connected miscellaneous petition are closed. 21.01.2025 Speaking order : Yes/No Index : Yes/No smn To

1. The Director of Collegiate Education, I.A.S.E. Campus, 577, Anna Salai, Saidapet, 4/6

Chennai - 600 015.

2. The Regional Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli.

3. Rev.Dr.ARGST, Barnabas, The Bishop, Bishopstowe, CSI Diocese of Tirunelveli No.15, North High Ground Road, Palayamkottai, Tirunelveli-627 007.

V.BHAVANI SUBBAROYAN, J.

smn 5/6

and W.M.P.Nos.36007 and 36008 of 2024 21.01.2025 6/6