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Dr.S.Subramanian vs The Registrar
2021 Latest Caselaw 19859 Mad

Citation : 2021 Latest Caselaw 19859 Mad
Judgement Date : 28 September, 2021

Madras High Court
Dr.S.Subramanian vs The Registrar on 28 September, 2021
                                                                      REV.APLW.No.101 of 2021

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 28.09.2021

                                                       CORAM

                               THE HONOURABLE MR.JUSTICE M.S.RAMESH

                                          REV.APLW.No.101 of 2021
                                                     and
                                        W.M.P.Nos.17433 & 17434 of 2021


                     Dr.S.Subramanian,
                     Professor, Department of Biochemistry,
                     University of Madras, Guindy Campus,
                     Chennai – 25.                                    ...Petitioner

                                                         -Vs-

                     1.The Registrar,
                       University of Madras,
                       Chepauk, Chennai – 600 005.

                     2.Dr.V.Elangovan,
                       Professor and Head,
                       Department of Biochemistry,
                       University of Madras,
                       Guindy Campus, Chennai – 600 025.

                     3.The Principal Secretary and
                           Members-Syndicate,
                       University of Madras,
                       Higher Education Department,
                       Secretariat, Fort St. George,
                       Chennai – 600 009.


                     1/6

http://www.judis.nic.in
                                                                               REV.APLW.No.101 of 2021

                     4.The Science City,
                       Rep by its Vice-Chairman,
                       Gandhi Mandapam Road,
                       Chennai – 600 025.                                ...Respondents


                     Prayer: Writ Petition filed under Article 226 of the Constitution of India,
                     prayed to recall and review the Judgment dated 14.07.2021 in W.P.No.31922
                     of 2018 and consequently allow the writ petition.


                                        For Petitioner     : Mr.Sathish Parasaran,
                                                             Senior Counsel
                                                             for Mr.R.Parthasarathy

                                        For R1 & 3         : Mr.L.P.Shanmughasundaram
                                        For R2 & 4         : No Appearance

                                                         ORDER

The grievance of the petitioner in the main Review Petition is that,

though he had sought for information in his earlier representations and for

retrieving the original testimonials, the respondents had not addressed their

grievances and returned the documents.

2. The writ petition came to be closed, based on the averments in the

counter affidavit filed by the first respondent, wherein it was stated that the

petitioner's representations were already considered and thereby, the prayer

http://www.judis.nic.in REV.APLW.No.101 of 2021

has become infructuous. The prayer in the writ petition was for issuance of a

Writ of Mandamus to direct the first respondent to consider the petitioner's

three representations dated 02.07.2018 only. It is in this connection that this

Court had felt that the prayer had become infructuous, in view of the fact that

the first respondent had disposed of the representation.

3. The learned Senior Counsel for the petitioner would submit that the

petitioner herein is not only deprived of the original testimonials which was

the subject matter of his representations, since the first respondent had failed

to return the same, but also that they are not in a position to challenge the

inaction on the part of the first respondent, in view of the earlier order passed

in the writ petition for the same cause of action.

4. The scope of reviewing an order of this Court is very limited to

rectify the apparent errors on the face of the order. The grounds raised in the

present review petition may not be such grounds to review the order, but

rather may amount to reappraisal of the grievance of the petitioner once again.

Nevertheless, if the petitioner is granted liberty to file a fresh writ petition

touching upon the same cause of action or the inaction on the part of the

http://www.judis.nic.in REV.APLW.No.101 of 2021

respondents in returning the original testimonials, the ends of justice could be

secured.

5. In the light of the above observations, this Review Petition stands

closed with liberty to the petitioner to file a fresh writ petition in the aforesaid

terms. No costs. Consequently, connected miscellaneous petitions are closed.

28.09.2021 Index:Yes/No Internet:Yes/No hvk/ata

http://www.judis.nic.in REV.APLW.No.101 of 2021

To

1.The Registrar, University of Madras, Chepauk, Chennai – 600 005.

2.The Principal Secretary and Members-Syndicate, University of Madras, Higher Education Department, Secretariat, Fort St. George, Chennai – 600 009.

http://www.judis.nic.in REV.APLW.No.101 of 2021

M.S.RAMESH,J.

hvk/ata

REV.APLW.No.101 of 2021 and W.M.P.Nos.17433 & 17434 of 2021

28.09.2021

http://www.judis.nic.in

 
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