The Madurai Bench of the Madras High Court closed a writ petition seeking quashing of proceedings and a direction to approve a correspondent nomination. The court held the case arose vanished as a new appointment was made during pendency, allowing aggrieved parties to adjudicate via other legal means.
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: 06.03.2018
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD) No.22995 of 2016 and W.M.P.(MD)No.16471 of 2016
India Evangelical Lutheran Church represented by its General Secretary, K.Baul Sundar, No.47, Eldams Road, Teynampet, Chennai-600 018.
... Petitioner
Vs.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records of the first respondent pertaining to his impugned proceedings dated 23.11.2016 passed in Na.Ka.No.04371/Aa1/2015 and quash the same in furtherance thereof grant a mandamus directing the first respondent to approve the correspondent nominated by the petitioner for the Concordia High School, Nagercoil.
For Petitioner : Mr.T.Pon Ramkumar For R1 : Mr.M.Muthu Additional Government Pleader For R2 : Mr.T.Antony Arul raj For R3 & R4 : Mr.S.Samuel James Devasagayam For R5 : Mr.B.Saravanan
ORDER
Challenging the order of approval dated 23.11.2016, the present writ petition has been filed. However, during the pendency of the
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writ petition, another correspondent was appointed, namely P.Manuvel Raj. Thus, the cause arose in the present writ petition is vanished. However, it is made clear that aggrieved persons in respect of the new appointment are at liberty to adjudicate the matter in the manner known to law.
Sd/-
Assistant Registrar (RTI)
/True Copy/
Sub Assistant Registrar
To
The District Educational Officer, Nagercoil, Kanniyakumari District.
PNN
TE/KKR/SAR-3 : 15/03/2018 : 2P/6C
W.P.(MD) No.22995 of 2016 and W.M.P.(MD)No.16471 of 2016 06.03.2018
1 issue framed by the court
Whether the cause of action in the writ petition still exists after a new correspondent was appointed during the pendency of the petition.
India Evangelical Lutheran Church
The District Educational Officer, Nagercoil
Rev.S.Rajagembeeram
Rev.R.Vijayakumar
S.Mohandoss
V.A.Raj
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
