The High Court dismissed the writ petition challenging the appointment of the Registrar of the Tamil Nadu Medical Council as infructuous, noting that the appointee had resigned and his resignation was accepted by the appropriate authority.
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.No. 15596 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.02.2024
CORAM
THE HONOURABLE MR.JUSTICE BATTU DEVANAND
W.P.No. 15596 of 2018 and W.M.P.No. 18507 of 2018
Dr. T. Antan Ureshkumar ... Petitioner
Vs.
1.The Government of Tamilnadu, Rep., by its Principal Secretary, Department of Health and Family Welfare, Secretariat, Chennai.
2.The Tamil Nadu Medical Council, Rep., by its President, No.914, Poonamallee High Road, Arumbakkam, Chennai – 600 106.
3.Dr.R.S.Shanmugarajan, (The Registrar)
Tamil Nadu Medical Council, No.914, Poonamallee High Road, Arumbakkam, Chennai – 600 106.
... Respondents
Writ petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records in respect of the order of the third respondent appointment proceedings in Ref.No.TNMC/G/145/2018 dated 12.04.2018 issued by the third respondent himself by appointing as a Registrar
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in the Tamil Nadu Medical Council at Chennai which is against the Principles of Natural justice and the Madras Medical Registration Manual Act and consequently direct the first and second respondents to make a fresh appointment of the Registrar Post in the Tamil Nadu Medical Council at Chennai in accordance with law by following the Rules laid under the Madras Medical Registration Manual Act and thus render justice.
For Petitioner : Mr. C. Kanagaraj For Respondents : Mr. K. Tippu Sultan, for R1 Government Advocate Mr. S. Nedunchezhiyan, for R2 & R3 Standing Counsel
O R D E R
This Writ Petition has been filed against the order of the second respondent in
appointing the third respondent as Registrar of Tamil Nadu Medical Council at Chennai.
3 . During the course of hearing, the learned Standing Counsel for the
second respondent submits that the third respondent has resigned the post of Registrar on 08.09.2023 and his resignation was duly accepted by Adhoc Committee
of the Tamil Nadu Medical Council. Learned counsel also submits that some
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alternative arrangements are made in view of the resignation tendered by the third respondent. He also filed a memo to that effect and it is placed on record.
4 . In view of the fact that the third respondent has already tendered his
resignation on 08.09.2023 and it was accepted by the appropriate authority, in my
view, the relief sought in this present writ petition does not survive at present for adjudication.
12.02.2024
Index :Yes/No Neutral Citation :Yes/No
AT
To
2.The President, Tamil Nadu Medical Council,
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No.914, Poonamallee High Road, Arumbakkam, Chennai – 600 106.
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BATTU DEVANAND, J.
AT
W.P.No. 15596 of 2018 and W.M.P.No. 18507 of 2018
12.02.2024
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1 issue framed by the court
Whether the petition challenging the appointment of the Registrar survives adjudication after the Registrar's resignation?
1 provisions across 1 enactments
Dr. T. Antan Ureshkumar
The Government of Tamilnadu
The Tamil Nadu Medical Council
Dr.R.S.Shanmugarajan
Battu Devanand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
