The Court dismissed a writ petition challenging the petitioner's removal as Secretary/Correspondent of a college, holding that his tenure expired by operation of law according to the Diocese Constitution which caps the term at one year, rendering the removal order unnecessary.
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.
1 W.P.(MD)NO.2211 OF 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.07.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.2211 of 2024 AND W.M.P.(MD)Nos.2223 & 2225 of 2024
Rev.D.Soundarapandiyan, S/o.Daniel, Secretary / Correspondent, Sarah Tucker College, Palayamkottai, Tirunelveli District. ... Petitioner Vs.
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Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records in pursuant to the impugned order passed by the fourth respondent in No.K3c(1/2024) dated 20.01.2024 and quash the same as illegal and consequently direct the respondents 1 to 3 to ensure the functioning of the petitioner as Correspondent of Sarah Tucker College, Perumalpuram, Tirunelveli as per the proceedings of the second respondent in Mu.Mu.No.38368/F4/2022 dated 18.11.2022.
For Petitioner : Mr.M.Mahaboob Athiff, for Mr.K.Gnanasekaran. For R-1 : Mr.V.Prabahar, Senior counsel, for Mr.N.Dilipkumar. For R-2 & R-3 : Mr.M.Sarangan, Additional Government Pleader. For R-4 : Mr.P.P.Alwin Balan * * *
O R D E R
Heard the learned counsel appearing for the writ petitioner and
the learned Senior counsel appearing for the first respondent and the learned Additional Government Pleader appearing for respondents 2 and 3 and the learned counsel appearing for the fourth respondent.
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principles of natural justice. It is for this reason, the petitioner wants this Court to interfere with the impugned order. It is further pointed out that the executive committee minutes said to have been drawn on 28.09.2023 is under challenge in another writ petition.
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Director of Collegiate Education vide proceedings dated 18.11.2022 granted approval for appointment of the petitioner as Secretary/ Correspondent for the period from 24.11.2022 to 23.11.2024.
Tirunelveli Diocese cannot run counter to their own constitution. When the Diocese of Tirunelveli Constitution categorically stipulates that the tenure of Correspondent cannot exceed one year, I fail to understand as to how the department could have granted approval for a period of two years up to 23.11.2024. In fact the order passed by Rev.Bishop himself only states that the extension is with effect from 24.11.2022 until further orders. The proceedings of the department approving the petitioner's appointment goes beyond the communication issued by Rev.Bishop himself.
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office after 23.11.2023. Admittedly no such resolution was passed. The petitioner's continuance in the office cannot be recognised. In fact Rev.
Bishop need not have issued any formal letter relieving him from his duties as Secretary / Correspondent of Sarah Tucker College. It is also seen that one Mr.P.Samson Paulraj was appointed in the place of the petitioner as Secretary / Correspondent of Sarah Tucker College.
executive committee minutes said to have been drawn on 28.09.2023. The interim order granted earlier stands vacated. This writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
22.07.2024
NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU
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To:
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G.R.SWAMINATHAN,J.
PMU
W.P.(MD)No.2211 of 2024
22.07.2024
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1 issue framed by the court
Whether the petitioner's removal from the post of Correspondent was valid given the Constitution of the Diocese of Tirunelveli restricts tenure to a maximum of one year?
1 provisions across 1 enactments
Rev.D.Soundarapandiyan
The Correspondent, Sarah Tucker College
The Director of College Education
The Regional Director of College Education, Tirunelveli District
Rev.Dr.ARGST, Barnabas
S.Gnanathiraviam
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
