Madras High CourtWP(MD)/20870/2017closed

D.Davis Martin, v. The District Educational

2017-12-07Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD) No.20870 of 2017 and W.M.P.(MD) No.17165 of 2017 D.Davis Martin ... Petitioner -vs1. The District Educational Officer, Kuzhithurai Educational District, Marthandam, Kanyakumari District.

2. P.Manuel Yesuraj

3. Indian Evangelical Lutheran Church, Nagercoil, Synod, Through its Secretary / Manager, V.A.Raj, 321, Synod Office, Lutheran Compound, K.P.Road, Nagercoil-629 001.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to take on file petitioner's proposal dated 07.07.2014 and to approve the petitioner's appointment as Correspondent of Concordia Higher Secondary School, Potteti, Vilavancode Taluk, Kanyakumari District by the resolution dated 01.07.2014 of the Executive Committee of Nagercoil Synod of Indian Evangelical Lutheran Church. For Petitioner : Mr.G.Prabhu Rajadurai For R1 : Mr.M.Alagathevan Spl. Govt. Pleader For R2 : Mr.J.Barathan For R3 : Mr.M.P.Senthil ******

O R D E R

This writ petition has been filed, seeking a direction to the 1st respondent to take on file the petitioner's proposal dated 07.07.2014 and to approve the petitioner's appointment as Correspondent of Concordia Higher Secondary School, Potteti, Vilavancode Taluk, Kanyakumari District by the resolution dated 01.07.2014 of the Executive Committee of Nagercoil Synod of Indian Evangelical Lutheran Church.

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2. When the matter is taken up for hearing, the learned counsel for the 2nd respondent would submit that even before filing

the writ petition itself, the 1st respondent had passed an order dated 16.10.2017, approving the appointment of the 2nd respondent as the Correspondent of Potteti Concordia Higher Secondary School. However, the learned counsel for the petitioner has repudiated the above submission stating that the order dated 16.10.2017 has been communicated to the petitioner, subsequent to the filing of the writ petition only.

3. Be that as it may, considering the fact that the 1st respondent had already passed the order dated 16.10.2017, this Court is of the view that nothing survives for further adjudication in this matter. Hence, this petition is closed, granting liberty to the petitioner to challenge the said order in the manner known to law, if so advised. No costs. Consequently, connected miscellaneous petition is closed.

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

The District Educational Officer, Kuzhithurai Educational District, Marthandam,Kanyakumari District.

+1cc to Mr.G.PRABHU RAJADURAI Advocate in SR. No. 91700 +1cc to Mr.T.R.JEYAPALAM Advocate in SR. No. 91777 +1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 91683 AR JS/SKN.RSK/SAR.1/20.12.2017/2P-5C W.P.(MD)No.20870 of 2017 07.12.2017 https://hcservices.ecourts.gov.in/hcservices/