Madras High Court
V.Balamurugan vs The State Of Tamil Nadu on 27 April, 2021
W.A.(MD)No.884 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.884 of 2021
and
C.M.P.(MD)No.3971 of 2021
V.Balamurugan : Appellant
Vs.
1.The State of Tamil Nadu,
Rep. by its Principal Secretary to Government/
Agricultural Production Commissioner,
Agricultural (AU) Department,
Secretariat, Chennai.
2.The Registrar,
Tamil Nadu Agricultural University,
Coimbatore.
3.The Vice Chancellor,
Tamil Nadu Agricultural University,
Coimbatore. : Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent,
praying to set aside the order dated 05.02.2021 in W.P.(MD)No.468 of
2021 and allow the Writ Petition in full.
https://www.mhc.tn.gov.in/judis/
1/6
W.A.(MD)No.884 of 2021
For Appellant : Mr.Mohammed Imran
for Mr.B.Anandan
For Respondent No.1 : Mr.K.P.Krishnadass
Special Government Pleader
For Respondents 2 &3 : Mr.A.Thirumurthy
JUDGMENT
***************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
With the consent on either side, this Writ Appeal is taken up for
final disposal.
2.Heard Mr.Mohammed Imran, learned Counsel for
Mr.B.Anandan, learned Counsel appearing for the appellant,
Mr.K.P.Krishnadass, learned Special Government Pleader appearing for
the first respondent and Mr.A.Thirumurthy, learned Counsel appearing for
the second and third respondents.
3.This appeal by the appellant / writ petitioner is directed
against the order dated 05.02.2021 in W.P.(MD)No.468 of 2021.
4.The Writ Petition was dismissed with a cost of Rs.10,000/-, on
the ground that the appellant had challenged a communication sent by
the Government to the University, to which he is not entitled to get a
copy.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.884 of 2021
5.On the last occasion when the case came up for hearing, we
directed the appellant to file an affidavit as to how he obtained a copy of
the Government Letter. Today, an affidavit has been filed by
Mr.V.Balamurugan, stating that the information was widely circulated in a
whatsapp group. If that is so, as a responsible teaching faculty of the
University, he should have deleted the message, because it is a
Government Letter addressed to the University and technically, it is an
internal communication. It is for the University to take a decision and
ultimately, if any decision is taken by the University and the appellant is
aggrieved, then he can question the same. The present attempt of the
petitioner cannot be appreciated. Therefore, we are not inclined to
interfere with the order dismissing the writ petition. However, taking into
consideration that the petitioner has also given an apology letter which is
in the custody of the learned Counsel for the petitioner, the cost imposed
is reduced to Rs.500/-.
6.Mr.A.Thirumurthy, learned Counsel appearing for the
respondent University submitted that the governing body of the
University is yet to take a decision in the matter and it is under
consideration. If ultimately orders are passed and if the petitioner is
aggrieved, it will be well open to him to challenge the same and the
dismissal of this appeal will not stand in the way of the appellant in
approaching the proper forum for necessary relief.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.884 of 2021
7.In the result, the Writ Appeal stands dismissed. However,
there shall be no order as to costs. Consequently, the connected
miscellaneous petition is closed.
[T.S.S., J.] & [S.A.I., J.]
27.04.2021
Index : Yes / No
Internet : Yes / No
MR
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.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.884 of 2021
To
The Principal Secretary to Government/
Agricultural Production Commissioner,
Agricultural (AU) Department,
Secretariat, Chennai.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.884 of 2021
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
MR
JUDGMENT MADE IN
W.A.(MD)No.884 of 2021
27.04.2021
https://www.mhc.tn.gov.in/judis/
