Madras High CourtWA(MD)/541/2017dismissed

Mr. Felix Antoni O Nicholas v. Dr.M.T. Nicholas

2017-05-17Honourable Mr Justice N. Seshasayee,Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.05.2017

CORAM:

THE HONOURABLE Mr.JUSTICE M.V.MURALIDARAN and THE HONOURABLE Mr.JUSTICE N.SESHASAYEE Writ Appeal (MD) No.541 of 2017 & W.M.P.(MD)No.4542 of 2017 Mr.Felix Antonio Nicholas ... Appellant Vs.

1.Dr.M.T.Nicholas 2.The Senior Manager, Corporation Bank, Nagercoil Branch, 183 - 184, WCC Road, Opp. WCC College, Nagercoil - 614, Kanyakumari District.

... Respondents PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent, against the order dated 21.04.2017, made in W.M.P.(MD) Nos.2520 and 2521 of 2017 in W.P.(MD)No.3163 of 2017. Prayer in WMP(MD). 2520/ 2017 :

To pass an order of Interim Stay of operation of impugned order passed by the 1st Respondent bank in OR/NGL/2016-2017 dated 08.02.2017, pending disposal of the Main Writ Petition. Prayer in WMP(MD). 2521/ 2017 :

To pass an Interim Direction directing the 1st Respondent herein to release FDR No. 945670 and permit the petitioner herein to pay salary for all staffs of Loyola Institute of Technology & Science, Thovalai, Nagercoil, Kanyakumari District, pending disposal of the Main Writ Petition.

Prayer in WP(MD). 3163/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus calling for the records of the impugned order passed by the 1st Respondent herein in his proceedings in https://hcservices.ecourts.gov.in/hcservices/

OR/NGL/2016-2017 dated 08.02.2017 (freezing of accounts in the name of M/s.Loyola Educational Trust) and quash the same and further direct the 1st Respondent herein to permit the petitioner (Managing Trustee of M/s.Loyola Educational Trust) to operate the accounts in the name of M/s.Loyola Educational Trust for disbursement of salary to the staff of Loyola Institute of Technology & Science), Thovalai, Kanyakumari District. For Appellant : Mr.T.Lajapathi Roy For R1 : Mr.D.Nallathambi

JUDGMENT

(Judgement of the Court was made by M.V.Muralidaran, J.,) Since the Writ Appeal has been filed against the order dated 21.04.2017, made in W.M.P.(MD)Nos.2520 and 2521 of 2017 in W.P. (MD)No.3163 of 2017, this Writ Appeal is liable to be dismissed by giving liberty to the appellant to file vacate stay petition in the Writ Petition. Accordingly, this Writ Appeal is dismissed by giving liberty to the appellant to file vacate stay petition in the Writ Petition.

No costs.

Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar To:

The Senior Manager, Corporation Bank, Nagercoil Branch, 183 - 184, WCC Road, Opp. WCC College, Nagercoil - 614, Kanyakumari District.

+One cc to M/s.D.Nallathambi, Advocate, SR.No.56571 smn2 RL/3C/2P/SKN/SAR1/29.5.2017 W.A.(MD)No.541 of 2017 17.05.2017 https://hcservices.ecourts.gov.in/hcservices/