The Madurai Bench of the Madras High Court dismissed a Writ Appeal filed under the Letters Patent against an interim stay order and an interim direction order. The court gave liberty to the appellant to file a vacate stay petition in the main Writ Petition.
Writ Appeal dismissed with liberty to file vacate stay petition in the Writ Petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.05.2017
CORAM:
THE HONOURABLE Mr.JUSTICE M.V.MURALIDARAN and THE HONOURABLE Mr.JUSTICE N.SESHASAYEE
Writ Appeal (MD) No.541 of 2017 & W.M.P.(MD)No.4542 of 2017
Mr.Felix Antonio Nicholas
... Appellant
Vs.
1.Dr.M.T.Nicholas
2.The Senior Manager, Corporation Bank, Nagercoil Branch, 183 – 184, WCC Road,
Opp. WCC College, Nagercoil – 614, Kanyakumari District. ... Respondents
PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent, against the order dated 21.04.2017, made in W.M.P.(MD) Nos.2520 and 2521 of 2017 in W.P.(MD)No.3163 of 2017.
Prayer in WMP(MD). 2520/ 2017 :
To pass an order of Interim Stay of operation of impugned order passed by the 1st Respondent bank in OR/NGL/2016-2017 dated 08.02.2017, pending disposal of the Main Writ Petition.
Prayer in WMP(MD). 2521/ 2017 :
To pass an Interim Direction directing the 1st Respondent herein to release FDR No. 945670 and permit the petitioner herein to pay salary for all staffs of Loyola Institute of Technology & Science, Thovalai, Nagercoil, Kanyakumari District, pending disposal of the Main Writ Petition.
Prayer in WP(MD). 3163/ 2017 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of https://hcservices.ecourts.gov.in/hcservices/ Certiorarified Mandamus calling for the records of the impugned order passed by the 1st Respondent herein in his proceedings in
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OR/NGL/2016-2017 dated 08.02.2017 (freezing of accounts in the name of M/s.Loyola Educational Trust) and quash the same and further direct the 1st Respondent herein to permit the petitioner (Managing Trustee of M/s.Loyola Educational Trust) to operate the accounts in the name of M/s.Loyola Educational Trust for disbursement of salary to the staff of Loyola Institute of Technology & Science), Thovalai, Kanyakumari District.
For Appellant : Mr.T.Lajapathi Roy For R1 : Mr.D.Nallathambi
JUDGMENT
(Judgement of the Court was made by M.V.Muralidaran, J.,)
Since the Writ Appeal has been filed against the order dated 21.04.2017, made in W.M.P.(MD)Nos.2520 and 2521 of 2017 in W.P. (MD)No.3163 of 2017, this Writ Appeal is liable to be dismissed by giving liberty to the appellant to file vacate stay petition in the Writ Petition. Accordingly, this Writ Appeal is dismissed by giving liberty to the appellant to file vacate stay petition in the Writ Petition. No costs. Consequently, connected miscellaneous petition is closed.
Sd/Assistant Registrar(CSI) /True Copy/
Sub-Assistant Registrar
To:
The Senior Manager, Corporation Bank, Nagercoil Branch, 183 – 184, WCC Road, Opp. WCC College, Nagercoil – 614, Kanyakumari District.
+One cc to M/s.D.Nallathambi, Advocate, SR.No.56571
smn2
RL/3C/2P/SKN/SAR1/29.5.2017
W.A.(MD)No.541 of 2017
Mr. Felix Antonio Nicholas
Dr. M.T. Nicholas
The Senior Manager, Corporation Bank, Nagercoil Branch
M.V.Muralidaran
N.Seshasayee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
