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Madras High CourtWMP(MD)/7822/2022dismissed

S.Srinivasan Menon v. The Government Of Tamil Nadu

2023-01-10Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Tuesday, the Tenth day of January Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice D.KRISHNAKUMAR and The Hon`ble Mr.Justice R.VIJAYAKUMAR in W.P.(MD)No.12560 of 2020 S.SRINIVASAN MENON ... PETITIONER/PETITIONER Vs 1 THE GOVERNMENT OF TAMIL NADU REPRESENTED BY ITS SECRETARY, HIGHER EDUCATION DEPARTMENT, FORT ST. GEORGE, CHENNAI 600 009 2 THE DIRECTOR OF COLLEGIATE EDUCATION, COLLEGE ROAD, CHENNAI 600 006 3 THE REGIONAL JOINT DIRECTOR OF COLLEGIATE EDUCATION, TIRUNELVELI 4 THE MANOMANIAM SUNDARANAR UNIVERSITY, ABISHEKAPATTI TIRUNELVELI, TIRUNELVELI DISTRICT, REPRESENTED BY ITS REGISTRAR.

5 THE DISTRICT COLLECTOR OF KANYAKUMARI AT NAGERCOIL, KANYAKUMARI DISTRICT 6 SREE AYYAPPA COLLEGE FOR WOMEN, CHUNKANKADAI, NAGERCOIL 629 003, KANYAKUMARI DISTRICT, REPRESENTED BY ITS CORRESPONDENT/SECRETARY 1/3

7 SREE AYYAPPA COLLEGE EDUCATIONAL SOCIETY,, SREE AYYAPPA COLLEGE CAMPUS, CHUNKANKADAI, NAGERCOIL 3, KANYAKUMARI DISTRICT, PIN 629 003, REPRESENTED BY ITS SECRETARY 8 NAIR SERVICE SOCIETY, PERUNNA, CHANGANASSERI, KOTTAYAM DISTRICT, KERALA STATE, PIN-686102, REPRESENTED BY ITS GENERAL SECRETARY.

9 THE NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS,, GATE NO.4, 1ST FLOOR, JEEVAN TARA BUILDING 5, SANSAD MARG,PATEL CHOWK, NEW DELHI, NEW DELHI-110001, REPRESENTED BY ITS SECRETARY ... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to issue an order injunction, restraining respondents 6 to 8 from making any appointment as staff of the 6th respondent college as a minority institution or without following the due procedure, pending disposal of the above writ petition, and thus render justice.

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S. THAMPI. K.N, Advocate for the petitioner and of M/S.P.THILAKKUMAR, Government Pleader on behalf of the Respondents 1 to 3 & 5 and M/S.RAGATHEESH KUMAR, Advocate for the Respondents 6 & 7 and M/S.J.ANANDAVALLI, Advocate for the Respondent No.8 and M/S.JASIMA YASMIN, Advocate for M/S.AJMAL ASSOCIATES, for Respondent No.4, the court made the following order:- (Order of the Court was made by D.KRISHNAKUMAR, J.) Challenging the status of the respondents 6 and 7 Colleges, as minority institutions, the petitioner has filed the above Writ Petition.

2. Pending the aforesaid writ petition, the petitioner has filed the present application, seeking for interim injunction, restraining the respondents 6 to 8 from making any appointment as staff of the 6th respondent college as a minority institution or without following the due procedure.

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3. After hearing both parties, we are not inclined to grant interim injunction as prayed for by the petitioner. Accordingly, this petition is dismissed. However, it is made clear that any appointment will be subject to the outcome of the writ petition.

4. Registry is directed to post the main Writ Petition after four [4] weeks. In the meantime, the respondents are directed to file counter, if any.

sd/- 10/01/2023 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

vsm TO 1 THE SECRETARY, HIGHER EDUCATION DEPARTMENT, FORT ST. GEORGE, CHENNAI 600 009 2 THE DIRECTOR OF COLLEGIATE EDUCATION, COLLEGE ROAD, CHENNAI 600 006 3 THE REGIONAL JOINT DIRECTOR OF COLLEGIATE EDUCATION, TIRUNELVELI 4 THE DISTRICT COLLECTOR OF KANYAKUMARI AT NAGERCOIL, KANYAKUMARI DISTRICT.

COPY TO THE SECTION OFFICER, WRIT SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.THAMPI. K.N , Advocate ( SR-464[I] dated 10/01/2023 )

ORDER

IN in W.P.(MD)No.12560 of 2020 Date :10/01/2023 RK/MMS/SAR-4 (23/01/2023) 3P/7C 3/3