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Madras High CourtWP(MD)/10431/2016dismissed

Dr.M.Rajarajan, Principal, v. The State Of Tamil Nadu,

2016-06-28Honourable Mr Justice T.Raja5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2016 C O R A M THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.10431, 9859 and 7576 of 2016 and W.M.P(MD)Nos.8138, 7786, 7787 & 6339 of 2016 1.W.P(MD)No.10431 of 2016:- 1.The State of Tamil Nadu, Rep. By its Secretary, 4.The Secretary & Correspondent, 5.S.Ramanathan, 6.S.Eswaramoorthy, Head of the Department, Commerce Department, Prayer:- Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified Mandamus, to

call for the records relating to the impugned order issued by the fourth respondent herein in CPAC/Secy./02, dated 06.06.2016, quash the same and further direct the respondents herein to permit the petitioner herein to continue as Principal of fourth respondent College with salary payable from 16.04.2016 onwards. For RR 1 to 3 For RR 4 & 5 For R - 6 : Mr.H.Thayumanaswamy 2.W.P(MD)No.9859 of 2016:- 1.The State of Tamil Nadu, Rep. By its Secretary, 4.The Secretary & Correspondent, 5.S.Ramanathan, 6.S.Eswaramoorthy, Head of the Department, Commerce Department,

Prayer:- Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order issued by the second respondent herein in Na.Ka.No.17896/G2/2016, dated 25.05.2016, quash the same and further direct the respondents herein to permit the petitioner herein to continue as Principal of fourth respondent College with salary payable from 16.04.2016 onwards.

For RR 1 to 3 For RR 4 & 5 For R - 6 : Mr.H.Thayumanaswamy 3.W.P(MD)No.7576 of 2016:- 1.The Director of Collegiate Education, 2.The Joint Director of Collegiate Education, 3.The Secretary & Correspondent, 4.S.Ramanathan, Prayer:- Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorari, to call for the records relating to the impugned order issued by the third respondent herein in No.76/Estt/2016-2017, dated 15.04.2016, quash the same.

For RR 1 & 2 For RR 3 & 4 COMMON ORDER Mr.Isaac Mohanlal, learned senior counsel appearing for the respondents-College, on instructions, made a statement before this Court that the impugned order of relieving the petitioner from the post of Principal with a direction to hand over all the charges to S.Eswaramoorthy and to continue as HOD of Chemistry Department, dated 15.04.2016 in W.P(MD)No.7576 of 2016 and another impugned order of suspension, dated 06.06.2016 in W.P(MD)No.10431 of 2016 would be withdrawn with liberty to proceed against the petitioner in accordance with law.

2. Recording the statement made by the learned senior counsel for the respondents-College, W.P(MD)Nos.7546 and 10431 of 2016 are dismissed as the impugned orders challenged therein are treated as withdrawn.

3. As a result of withdrawal of both the suspension and relieving order from the post of Principal, the third Writ Petition, namely W.P(MD)No.9859 of 2016 challenging the order of ratification granted by the Collegiate Education would also fall automatically and hence, W.P(MD)No.9859 of 2016 is closed. No costs. Consequently, connected Miscellaneous Petitions are also closed.

Sd/- Assistant Registrar (W) /True Copy/ Sub Assistant Registrar ps To 1.The Secretary to Government

+3CCs to Mr.E.V.N.Siva, Advocate Sr.No.33829 +3CCs to Mr.C.Ganesh Kumar, Advocate Sr.No.33738, 33739, 33740 +1CC to Mr.H.Thayumanaswamy, Advocate Sr.No.33782 +3CCs to Spl.Government Pleader Sr.No.34211, 34212, 34213 GJM/KBM/14.7.16-5P-14c W.P(MD)No.10431, 9859and 7576 of 2016 and W.M.P(MD)Nos.8138, 7786,7787 & 6339 of 2016 28.06.2016