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Sri.S.Ramasamy Naidu Memorial College v. The Director Of Collegiate Education

2022-11-16Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.11.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.19957 of 2022 Sri.S.Ramasamy Naidu Memorial College, Rep. by its Secretary, Sattur, Virudhunagar District.

... Petitioner Vs.

1.The Director of Collegiate Education, The Directorate of Collegiate Education, College Road, Chennai.

2.The Regional Joint Director of Collegiate Education, Madurai Region, Pallam Station Road, Madurai.

3.G.Subramniyam.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records relating to the impugned proceedings of the 2nd respondent in Na.Ka.No. 10406/E1/2021 dated 01.06.2022 and quash the same as illegal. 1/4

For Petitioner : Mr.V.Ragavachari for Mr.M.Mahaboob Athiff For R1 & R2 : Mr.J.Ashok Additional Government Pleader For R3 : Mr.S.Satheesh Kumar

ORDER

Heard the learned counsel on either side.

2. By the impugned order dated 01.06.2022, the second respondent has fastened liability on the college secretary and directed him to remit a sum of Rs.62,00,000/-.

3. A bare reading of the impugned order would indicate that it has been passed without notice. The proceedings have been triggered by initiation of the contempt proceedings by the third respondent herein. Since the order suffers from clear violation of the principles of natural justice, I set aside the same. The matter is remitted to the file of the second respondent. The second respondent will issue notice to the writ petitioner as well as the third respondent and thereafter, pass final order on merits and in accordance with law. I make it clear that I have not gone into the merits of the matter. All the contentions of 2/4

the petitioner are left open. This exercise shall be completed within a period of sixteen weeks from the date of receipt of a copy of this order.

4. The Writ Petition is allowed on these terms. No costs. Consequently, connected miscellaneous petition is closed.

16.11.2022 Index : Yes / No Internet : Yes/ No rmi To 1.The Director of Collegiate Education, The Directorate of Collegiate Education, College Road, Chennai.

2.The Regional Joint Director of Collegiate Education, Madurai Region, Pallam Station Road, Madurai.

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G.R.SWAMINATHAN, J.

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