Dr. E.Muralidharan v. The Govrnment of Tamil Nadu
Case brief
What is this about?
Two applications challenging advertisements and government retransfer were dismissed. The Court noted the applicant failed to challenge the constitutionality of the Tamil Nadu Vanniyakula Kshatriya Act 2018, requiring the Court to presume its validity and follow the orders made under it.
What did the court decide?
A.Nos. 1628 of 2022 and A.No. 3013 of 2020 are closed as nothing survives.
What the court decided
A.Nos.1628 of 2022 & A.No.3013 of 2020 in C.S.No.242 of 1986
A.Nos.1628 of 2022 & A.No.3013 of 2020 in C.S.No.242 of 1986
N.SESHASAYEE, J.,
This Court has not formally closed these applications in its order dated 19.12.2022, but in the subsequent order dated 24.01.2023 in paragraph No.2, this Court has indicated that these applications have been disposed of on 19.12.2022. However, the background of these applications are provided in the order of this Court dated 19.12.2022, and they are extracted
below for convenience :
The suit is laid for framing the scheme for M/s.P.T.Lee Chengalvaraya Naicker Trust. Earlier, this Trust was part of Pachaiyappa Trust. This Court is informed that while a judgment of the Hon'ble Supreme Court dated 11.07.1996, the Chengalvaraya Trust was separated from the Pachaiyappa Trust and ever since it has its independent existence. It is during the pendency of the proceedings before the Supreme Court, the present suit came to be laid in 1986 for framing a scheme. Eventually, on 01.04.1996, this Court has framed a scheme constituting for a Board of Trustees comprising of eight members plus a chairman. The chairman must be a retired judge of the Court. The scheme provides that whenever vacancy of the office of the trustees arises, this Court may have to invite applications and fill up the vacancies.
1/4
Issues for consideration
3 issues framed by the court
Whether the State Act 2018 overrides the Court scheme requiring filling of vacancies without Government intervention.
Whether the applicant challenging the advertisement failed to challenge the constitutionality of the 2018 Act.
Whether the Court can contravene the 2018 Act without its challenge in law.
Parties & counsel
- applicant
Former Trustee of Vanniyakula Kshatriya Public Charitable Trusts
- respondent
Chengalvaraya Naicker Trust
- respondent
State Government
Coram
Case details
As recorded by the court registry
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