P.Vijayakumar, v. The State Of Tamilnadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P(MD)No.4630 of 2015 P.VIJAYAKUMAR S/O V.S. PERIYAKARRUPAN NO.25 PANDIAN NAGAR 3RD STREET KARISANKULAM MADURAI 18 .. Petitioner Vs.

1 THE STATE OF TAMILNADU REP. BY ITS PRINCIPAL SECRETARY DEPT. OF HIGHER EDUCATION FORT.ST.GEORGE CHENNAI 2 THE VICE CHANCELLOR MADURAI KAMARAJ UNIVERSITY PALKALAI NAGAR MADURAI 21 3 MADURAI KAMARAJ UNIVERSITY REP. BY ITS REGISTRAR PALKALAI NAGAR MADURAI 21 4 DR. A. VIJAYARANGAN ASSISTANT PROFESSOR DEPT. OF SOCIOLOGY MADURAI KAMARAJ UNIVERSITY MADURAI 21 5 P.RAJKUMAR B.E. M.C.A.

ASSOCIATE PROFESSOR UNIVERSITY SCIENCE INSTRUMENTATION CENTRE MADURAI KAMARAJ UNIVERSITY MADURAI 21 .. Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the Respondent NO.3 to restrain the Respondent NO.4 and 5 from attending the Senate Meeting on 31.03.2015 and not to permit them to participate in the Senate Nominee Election proposed to be held on 31.03.2015.

For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.Aayiram K.Selvakumar for R1 Government Advocate Mr.T.Sakthikumaran for R2 and R3 Mr.D.Nallathambi for R4 No appearance for R5 https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner has come up with this writ petition seeking a direction to the respondent No.3 to restrain the Respondent Nos.4 and 5 from attending the Senate Meeting of Madurai Kamaraj University, which was scheduled to be held on 31.03.2015.

2. We have heard the learned counsel for the petitioner and the learned counsel for the respondents and the learned Government Advocate for the 1st respondent.

3. In our considered view, for two reasons, this writ petition deserves to be dismissed, at this stage: First one is that this writ petition pertains to the meeting, which was scheduled to be held on 31.03.2015 and therefore, the scope of the writ petition has already expired. (ii) The second reason is that, according to the petitioner, in W.P.(MD) No.17698/2014, the learned single Judge of this Court has stayed the nomination of the 5th respondent as a member of the Senate. If that be so, to restrain the 5th respondent from participating in any other senate meeting, the remedy for the petitioner lies only before the learned single Judge.

4. For these reasons, this Writ Petition, at this stage, is dismissed.

No costs. Consequently connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(AS) /True Copy/ Sub-Assistant Registrar To 1 THE PRINCIPAL SECRETARY DEPT. OF HIGHER EDUCATION FORT.ST.GEORGE CHENNAI 2 THE VICE CHANCELLOR MADURAI KAMARAJ UNIVERSITY PALKALAI NAGAR , MADURAI 21 +One cc to Mr.Sakthikumaran, Advocate, SR.No.71383 +One cc to Mr.T.Lajapathi Roy, Advocate, SR.No.71566 +One cc to the Special Government Pleader, SR.No.71670 +One cc to Mr.D.Nallathambi, Advocate, SR.No.71796 RR RL/7C/2P/SKS/RR/9.12.2016 ORDER MADE IN W.P(MD)No.4630 of 2015 and M.P.No.1 of 2015 https://hcservices.ecourts.gov.in/hcservices/ 22.11.2016