T.P.S.H.Parthiban Ramsait v. The District Elementary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2022

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)Nos.7972 and 8003 of 2016 and W.M.P.(MD)Nos.6522, 6556 and 6557 of 2016 T.P.S.H.Parthiban Ramsait ... Petitioner vs.

1.The District Elementary Educational Officer, Tirunelveli -1.

2.Vishnudharshana ... Respondents (R2 is impleaded, vide Court order, dated 20.04.2022, in W.M.P.(MD)No.7982 of 2016, in W.P.(MD)No.7972 of 2016) PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating the respondent proceedings in O.Mu.No.588/A1/2016, dated 17.02.2016 and to quash the same and to direct the respondent to disburse the salary of Staff and Teachers through petitioner's Educational Agency.

W.P.(MD)No.8003 of 2016:

T.P.S.H.Parthiban Ramsait ... Petitioner vs.

1.The District Elementary Educational Officer, Cheranmadevi (at) Tirunelveli -1.

2.Vishnudharshana ... Respondents (R2 is impleaded, vide Court order, dated 20.04.2022, in W.M.P.(MD)No.7983 of 2016, in W.P.(MD)No.8003 of 2016) PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records relating the respondent proceedings in Na.Ka.No.744/A4/16, dated 15.02.2016 and to quash the same and to direct the respondent to disburse the salary of Staff and Teachers through petitioner's Educational Agency.

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In both cases:

For Petitioner : Mr.M.Muthappan For R1 : Mr.V.Om Prakash Government Advocate (Civil side) For R2 : Mr.R.J.Karthick ***** COMMON ORDER The Writ Petition in W.P.(MD)No.7972 of 2016 is filed challenging the appointment order. The first respondent has issued the said order. Since the secretary approval application was pending before the authorities and there was a management dispute between the petitioner and the petitioner's sister's daughter, his sister's daughter has preferred impleading petition and the petition was allowed by this Court.

2.When the Writ Petition was taken up for hearing, it has been submitted by the learned Counsel appearing for the petitioner that the disputes between the petitioner and second respondent are settled. A civil suit was also filed between the parties and that also ended in compromise.

3.Therefore, this Writ Petition has become infructuous. Recording the said submission, this Writ Petition is dismissed as infructuous.

4.The Writ Petition in W.P.(MD)No.8003 of 2016 is filed against direct payment. The direct payment was ordered through impugned order, dated 15.02.2016.

5.When the Writ Petition was taken up for hearing, the learned Counsel appearing for the petitioner submitted that the dispute was settled between the parties and the Writ Petition has become infructuous.

6.Recording the said submissions, both the Writ Petitions are dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) Tmg 2/3

Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

To 1.The District Elementary Educational Officer, Cheranmadevi (at) Tirunelveli -1.

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

+1 CC to M/s.SPL.GP. ( SR-20456[F] dated 22/04/2022 ) W.P.(MD)Nos.7972 and 8003 of 2016 20.04.2022 RD(18.05.2022) 3P 4C 3/3