A writ petition seeking a direction to fill vacancies for Arunthathiar in an aided college and penalizing college officials for alleged fraud was dismissed as infructuous because the college management had since filled the posts, leaving no cause of action.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.11.2018 CORAM: THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.(MD) No.1702 of 2013 and M.P.(MD) No.1 of 2013
P.Mariyappan ... Petitioner
-vs-
Fort St. George, Chennai – 600 009.
5.The Commissioner, Tamil Nadu State Information Commission, No.2, Thiyagaraya Road,
Teynampet, Chennai – 600 018.
6.Thiru.P.Balasubramanian, Secretary & Correspondent, Pasumpon Muthuramalinga Thevar College, Usilampatti – 625 532, Madurai District.
7.The President, Educational Agency, Pasumpon Muthuramalinga Thevar College, Usilampatti – 625 532, Madurai District.
... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the https://hcservices.ecourts.gov.in/hcservices/ respondents herein to fill up the post of Lab Assistant and other vacancies with eligible candidates exclusively meant for
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Arunthathiar in the 6th respondent college by making wide publicity and consequently direct the respondents 1 to 5 herein to initiate statutory action against respondents 6 and 7 herein as per representation of the petitioner dated 16.10.2012 for giving false information, playing fraud against the rule of reservation in depriving the suppressed class society in the public employment for misusing and abusing his power in an Aided College, within a reasonable time.
For Petitioner : No appearance
For Respondents 1 to 4 : Mr.N.Shanmugaselvam Additional Government Pleader For 5th Respondent : Mr.G.Karnan for Mr.K.K.Senthil For 6th Respondent : Mr.E.V.N.Siva
ORDER
(Order of the Court was made by K.K.SASIDHARAN, J.)
None appears on behalf of the petitioner.
2.The learned counsel for the 6th respondent on instruction submitted that the term of the then Managing Committee has expired on 30.05.2013 and a new Committee was constituted on 30.11.2016. The new Management has already filled up the posts and as such nothing survives for adjudication.
3.The Writ Petition is dismissed as infructuous. It is always open to the petitioner to approach this Court in case he is still aggrieved and there is a cause of action. Consequently, connected Miscellaneous Petition is also dismissed. No costs.
Sd/-
Assistant Registrar(Crl.side)
/True Copy/
Sub Assistant Registrar(CS-III)
To
2.The Secretary to Government, Adi Dravidar Welfare Department, https://hcservices.ecourts.gov.in/hcservices/ Government of Tamil Nadu, Fort St. George, Chennai – 600 009.
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3.The Director of Collegiate Education, Office of the Director of Collegiate Education, College Road, Chennai – 600 006.
4.The Joint Director of Collegiate Education, Madurai Region, Shenoy Nagar, Madurai.
5.The Commissioner, Tamil Nadu State Information Commission, No.2, Thiyagaraya Road, Teynampet, Chennai – 600 018.
+1CC to Mr.E.V.N.Siva, Advocate, SR.No.95111 +1CC to Mr.K.K.Senthil, Advocate, SR.No. 95132
W.P.(MD) No.1702 of 2013
13.11.2018
SJ
ES/PM/SAR 3/05.12.2018/3P/9C
P.Mariyappan
The Secretary to Government, Higher Education Department, Government of Tamil Nadu
The Secretary to Government, Adi Dravidar Welfare Department, Government of Tamil Nadu
The Director of Collegiate Education
The Joint Director of Collegiate Education, Madurai Region
The Commissioner, Tamil Nadu State Information Commission
K.K.SASIDHARAN
P.D.AUDIKESAVALU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
