Madras High Court
D. Gubendragunabalan vs State Of Tamil Nadu on 6 December, 2021
W.A.Nos.2924, 2926, 2931 & 2932 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 06.12.2021
CORAM:
THE HON'BLE MR. JUSTICE M.DURAISWAMY
AND
THE HON'BLE MR. J. SATHYA NARAYANA PRASAD
W.A.Nos.2924, 2926, 2931 & 2932 of 2021 and
W.M.P. Nos. 19831, 19838, 19855 & 19857 of 2021
1. D. Gubendragunabalan
... Appellant in W.A.Nos. 2924 & 2926/2021
2. Dr.N.Veerappan
... Appellant in W.A.Nos.2931 & 2932 of 2021
v.
1. State of Tamil Nadu,
Represented by Principal Secretary,
Backward Classes, Most Backward Classes and
Minorities welfare (BC3) Department,
Fort St. George, Chennai – 600 100.
2. Tamil Nadu Vanniyakula Kshatriya Public
Charitable Trusts and Endowment Board,
Represented by its Chairperson,
Chennai – 600 008.
3. The Chairman,
P.T. LeeChengalvaraya Naicker Trust,
2-3, E.V.K. Sampath Salai,
Vepery, Chenni – 7.
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W.A.Nos.2924, 2926, 2931 & 2932 of 2021
4. Board of Trusteees,
P.T. LeeChengalvaraya Naicker Trust,
Represented by Secretary,
2-3, E.V.K. Sampath Salai,
Vepery, Chenni – 7.
... Respondents in all Writ Appeals
W.A.No.2924 & 2926/2021 : Writ Appeal filed under Clause 15 of
Letters Patent to set aside the order made W.M.P.Nos. 25514 & 25516
of 2021 in W.P.No.24181 of 2021, dated 12.11.2021..
W.A.Nos.2931 & 2932 of 2021 : Writ Appeal filed under Clause 15 of
Letters Patent to set aside the order made W.M.P.Nos. 25491 & 25493
of2021 in W.P.No.24166 of 2021, dated 16.11.2021.
For Appellants : Mr. AR.L. Sundaresan, Senior Counsel
for Mrs. AL. Gandthimathi
[W.A.No.2924 & 2926/2021]
Mr. S.N. Parthasarathi
[W.A.Nos.2931 & 2932 of 2021]
For Respondents : Mrs. Geetha Thamarai Selvan
Spl. G.P. - for R1
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W.A.Nos.2924, 2926, 2931 & 2932 of 2021
COMMON JUDGMENT
(Judgment was delivered by M. DURAISWAMY, J.)
Challenging the orders passed in W.M.P.Nos. 25514 & 25516 of
2021 in W.P.No.24181 of 2021 and W.M.P.Nos. 25491 & 25493 of
2021 in W.P.No.24166 of 2021, the Writ Petitioners have filed the
above Writ Appeals.
2. The appellants have filed the Writ Petitions to issue Writ of
Certiorari to call for the records of the 1st respondent dated 29.10.2021,
Backward Classes, Most Backward Classes and Minorities welfare
(BC3) Department and to quash the same. Along with the Writ Petitions,
the appellants have also filed Miscellaneous Petitions in W.M.P.Nos.
25514 & 25516 of 2021 in W.P.No.24181 of 2021 and W.M.P.Nos.
25491 & 25493 of 2021 in W.P.No.24166 of 2021, seeking for grant of
an order of interim injunction restraining the respondents 1 and 2 from
filling up the vacancy caused by the removal of the appellants-writ
petitioners from the post of the trusteeship of P.T. LeeChengalvaraya
Naicker Trust, pending disposal of the Writ Petitions and to stay the
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W.A.Nos.2924, 2926, 2931 & 2932 of 2021
operation of the order of the 1st respondent dated 29.10.2021, till the
disposal of the Writ Petitions.
3. The learned Single Judge, after hearing both sides, declined to
grant any interim order and dismissed all the Miscellaneous Petitions, by
orders dated 12.11.2021 and 16.11.2021 respectively. Challenging the
dismissal of the Miscellaneous Petitions, the Writ Petitioners have filed
the above Writ Appeals.
4. Admittedly,the respondents have not filed their counter in the
Writ Petitions. Further, it is not in dispute that the Writ Petitions are also
pending before the learned Single Judge. The appellants have challenged
the dismissal of the Miscellaneous Petitions, which we are not inclined to
entertain. The submissions now made by Mr. AR.L. Sundaresan, learned
Senior Counsel appearing for the appellant in W.A.No.2924 &
2926/2021 and Mr. S.N. Parthasarathi, learned counsel appearing for
the appellant in W.A.Nos.2931 & 2932 of 2021 have already been raised
as grounds in the pending Writ Petitions. The issues involved in the
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W.A.Nos.2924, 2926, 2931 & 2932 of 2021
present Writ Appeals can be decided in the Writ Petitions. It is also
needless to say that even if the respondents 1 and 2 fill up the vacancy
caused by the removal of the appellants-writ petitioners and in the event
of the appellants succeeding in the Writ Petitions, any appointment
made by the respondents 1 and 2 would be set aside. Therefore, we are
of the considered view that the issues involved in the above Writ Appeals
can be decided in the pending Writ Petitions.
5. Mr. AR.L. Sundaresan, learned Senior Counsel appearing for
the appellant in W.A.No.2924 & 2926 of 2021 submitted that the
learned counsel on record would make a mention before the learned
Single Judge for taking up the Writ Petitions at an early date for the
reason that the last date for submission of the application for
appointment of trusteeship is on 18.12.2021. Further, the learned Senior
Counsel submitted that all the grounds raised by the appellants may be
kept open and the learned Single Judge may decide them, in accordance
with law.
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W.A.Nos.2924, 2926, 2931 & 2932 of 2021
6. As already stated, since we are not inclined to entertain the
Writ Appeals filed against the interim orders, the Writ Appeals are liable
to be dismissed. Accordingly, the same are dismissed. We keep all the
grounds raised in the Writ Appeals open and it is open to the learned
Single Judge to decide the issues that are raised in the Writ Petitions, in
accordance with law. In the event of the learned counsel appearing for
the appellant making a mention before the learned Single Judge, it is
open the learned Single Judge to take up the matter early and decide the
same, in accordance with law. No costs. Consequently, the connected
Miscellaneous Petitions are closed.
[M.D., J.] [J.S.N.P., J.]
06.12.2021
Index : Yes/No
Internet: Yes
Note : (i) Registry is directed to upload the
order copy in the website today itself.
(ii) Issue order copy today itself
Rj
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W.A.Nos.2924, 2926, 2931 & 2932 of 2021
To
1. The Principal Secretary,
Backward Classes, Most Backward Classes and
Minorities welfare (BC3) Department,
Fort St. George,
Chennai – 600 100.
2. The Chairperson,
Tamil Nadu Vanniyakula Kshatriya Public
Charitable Trusts and Endowment Board,
Chennai – 600 008.
3. The Chairman,
P.T. LeeChengalvaraya Naicker Trust,
2-3, E.V.K. Sampath Salai,
Vepery, Chenni – 7.
4. The Secretary,
Board of Trusteees,
P.T. LeeChengalvaraya Naicker Trust,
2-3, E.V.K. Sampath Salai,
Vepery, Chenni – 7.
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W.A.Nos.2924, 2926, 2931 & 2932 of 2021
M. DURAISWAMY, J.
and
J. SATHYA NARAYANA PRASAD ,J
Rj
W.A.Nos.2924, 2926, 2931 & 2932 of 2021 and
W.M.P. Nos. 19831, 19838, 19855 & 19857 of 2021
06.12.2021
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