The Madurai Bench of the Madras High Court dismissed a Writ Petition under Article 226 of the Constitution of India. Counsel stated that the petition was now infructuous, leading to its dismissal without costs.
The Writ Petition was dismissed as infructuous. No order as to costs.
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.
W.P.(MD).No.16539 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2021 CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD).No.16539 of 2021 and W.M.P.(MD).No.13419 of 2021
Nehruji Nursery and Primary School (Reg.No.3343), Represented by the Secretary and Correspondent, Mr.S.M.H.Mohammed Yacoop
... Petitioner
Vs.
Fort St.George,
Chennai – 600 009.
DPI Compound, Chennai – 600 006.
9.Haidar Ali ... Respondents
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W.P.(MD).No.16539 of 2021
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, by directing the first respondent to appoint the petitioner as the Secretary of Nehruji Nursery and Primary School by invoking the Section 53-A of Tamil Nadu Recognized Private Schools (Regulation) Act, 1974 pending adjudication of suit in O.S.No.4 of 2021 before the District Munsif Court, Ramanathapuram within the time frame fixed by this Court.
ORDER
Mr.T.Lajapathiroy, learned counsel for the petitioner states that the relief sought in the Writ Petition has now become infructuous. In view of that particular representation made, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. Connected miscellaneous petition is closed.
Sd/-
Assistant Registrar (CS-III)
Nsr/Lm
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 Secretary, Department of School Education, Fort St.George, Chennai – 600 009.
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W.P.(MD).No.16539 of 2021
W.P.(MD).No.16539 of 2021 17.11.2021
RK/PM(25/11/2021) 3P 9C
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1 issue framed by the court
Whether the Writ Petition seeking appointment as Secretary is maintainable pending a suit.
2 provisions across 2 enactments
Nehruji Nursery and Primary School
The Government of Tamil Nadu
The Director of School Education
The Chief Educational Officer
The District Educational Officer
The Block Educational Officer
C.V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
