M.Ganesan v. The Chief Educational Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).Nos.12978 of 2016 M.Ganesan, Secretary, Baliah Marthandam Higher Secondary School, Avaraikulam - 627 133, Radhapuram Taluk, Tirunelvel District. ..Petitioner Vs.

1. The Chief Educational Officer, Tirunelveli.

2. The District Educational Officer, Cheranmadevi Educational District, Tirunelveli - 1.

3.Sudalaikani .. Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to pass appropriate order to approve the resignation of the third respondent from the post of physical education teacher with effect from 28.03.2015A.N in the petitioner's school namely, Baliah Marthandam Higher Secondary School, Avaraikulam - 627 133, Radhapuram Taluk, Tirunelveli District and grant permission to fill up the post of physical Education Teacher as per representation made by the petitioner, dated 05.05.2016 based upon the resignation letter made by the third respondent, dated 28.03.2015.

For Petitioner : Mr.K.K.Kannan For R-1 & R-2 : Mr.N.S.Karthikeyan, Additional Government Pleader.

For R-3 : Mr.N.Vijayarajan ***

O R D E R

This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing the second respondent to pass appropriate order to approve the resignation of the third https://hcservices.ecourts.gov.in/hcservices/

respondent from the post of physical education teacher with effect from 28.03.2015A.N in the petitioner's school namely, Baliah Marthandam Higher Secondary School, Avaraikulam - 627 133, Radhapuram Taluk, Tirunelveli District and grant permission to fill up the post of physical Education Teacher as per representation made by the petitioner, dated 05.05.2016 based upon the resignation letter made by the third respondent, dated 28.03.2015.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 and 2 and the learned counsel appearing for the third respondent.

3. The learned counsel appearing for the petitioner would submit that the petitioner and the third respondent had settled their dispute amicably outside the Court and no adjudication is required in the Writ petition, in view of the said settlement.

4. Hence, nothing survives and the Writ petition is dismissed as infructuous. No costs.

Sd/- Assistant Registrar(CSIII) /True Copy/ Sub-Assistant Registrar To

1. The Chief Educational Officer, Tirunelveli.

2. The District Educational Officer, Cheranmadevi Educational District, Tirunelveli - 1.

+1 CC TO SPECIAL GOVERNMENT PLEADER SR NO.18169 +1 CC TO M/S.K.K.KANNAN,ADVOCATE,SR NO.17680 pmu MAS/SV-MMS/SAR2:11.04.2017:2P-5C ORDER MADE IN W.P.(MD).Nos.12978 of 2016 24.03.2017 https://hcservices.ecourts.gov.in/hcservices/