Madras High Court
Robin Edward vs State Of Tamil Nadu on 6 November, 2023
W.P.(MD)No.15393 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.11.2023
CO RAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.15393 of 2021
and
W.M.P.(MD)Nos.12291 of 2021 and 10870 of 2022
Robin Edward ... Petitioner
-vs-
1. State of Tamil Nadu,
Through its Principal Secretary to Government,
Personnel and Administrative Reforms Department,
Secretariat, Fort St. George,
Chennai – 9.
2.The Principal Secretary,
Social Welfare Department, Secretariat,
State of Tamil Nadu, Fort St. George,
Chennai – 9.
3.The Principal Secretary
Horticulture Department, State of Tamil Nadu,
Secretariat, Fort St. George, Chennai – 9.
4.The Principal Secretary,
Public Health and Preventive Medicine Department,
State of Tamil Nadu,
Fort St. George, Chennai - 9.
1/7
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W.P.(MD)No.15393 of 2021
5.The Principal Secretary,
Higher Education Department,
State of Tamil Nadu,
Fort St. George, Chennai - 9.
6.The District Collector,
Kanyakumari District at Nagercoil.
7.Church of South India Trust Association,
CIN No.U93090TN1947NPL000346,
No.5 Whites Road, Royapettah, Chennai - 14.
8.The Church of South India,
No.5 Whites Road,
Royapettah, Chennai - 14.
9.The District Minister (Paris Priest),
C.S.I. S.T.Mankad District Church,
Kanavilai, S.T.Mankad Post,
Kanyakumari District.
10.The Bishop,
C.S.I. Diocese Office,
Nagercoil,
Kanyakumari District.
11.P.Godwin Vetha Gnanaraj
12.R.Gnana Dayasingh
13.Merlin D.Vasantha
14.Dr.J.Ebenezer ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the respondents 1 to 6 to take
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W.P.(MD)No.15393 of 2021
appropriate action as against the respondents 11 to 14 by considering the
petitioner's representation dated 23.07.2021 in the light of the Rule 14-A of
the Tamil Nadu Government Servants Conduct Rules and also in the light of
the judgment of this Court in W.P.(MD) No.18943 of 2020, dated 22.12.2020.
For Petitioner : Mr.M.R.Sreenivasan
For R1 to R6 : Mr.A.K.Manikkam
Special Government Pleader
For R7 and R8 : Mr.B.Mahaboob Athiff
For R9 : Mr.V.M.Balamohan Thambi
For 10 : No Appearance
For R11, R12 and R14 : Mr.S.C.Herold Singh
For R13 : Mr.Brijesh Kishore
ORDER
This Writ Petition has been filed for issuance of Writ of Mandamus,
directing the respondents 1 to 6 to take appropriate action as against the
respondents 11 to 14, by considering the petitioner's representation, dated
23.07.2021.
2. Heard the learned counsel appearing for the parties.
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W.P.(MD)No.15393 of 2021
3. The issue involved in the present Writ Petition was already dealt
with by this Court in W.P.(MD)No.12151 of 2021 and the Division Bench of
this Court passed the following order on 18.07.2023.
''The prayer in the writ petition is for issuance of a Writ of
Mandamus, directing the respondents 1 and 2 to take appropriate
disciplinary action against the Government Servants working in
various Government Departments, Government Schools,
Cooperative Departments and other aided schools excepting CSI
getting salary from the Government Exchequer contesting election
and holding posts in respondents 3 to 5 based on the petitioner's
representation dated 07.06.2021.
2. Alleging disobedience of the order made in
W.M.P(MD)No.9569 of 2021 in W.P(MD)No.12151 of 2021, dated
20.07.2021, the contempt petition is filed.
3. This Court finds that the prayer in the writ petition does
not go well with the statements contained in the pleadings. While the
petitioner seeks a direction in respect of all Government Servants
working in various Government Departments, Government Schools,
Co~operative Departments and other aided schools excepting CSI,
restraining them from contesting for posts in C.S.I Diocese, the
allegations are made only against the respondents 3 to 5 about the
affairs in relation to CSI. Therefore, this writ petition is primarily
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W.P.(MD)No.15393 of 2021
filed against persons who are not made as parties. It is also stated
that writ petitions with similar prayer in W.P(MD)Nos.10132 of
2015, 9860 of 2018 & 18943 of 2020 were dismissed by a Division
Bench of this Court by a common judgment dated 29.10.2021 and
that the SLP filed against the said order was also dismissed
confirming the aforesaid judgment of the Division Bench.
4. Therefore, the Writ Petition is devoid of any merits and
hence it is dismissed. No costs. Connected miscellaneous petition is
closed. In view of the dismissal of the writ petition, the contempt
petition is also dismissed.''
4. In view of the above, the relief sought for by the petitioner in this
Writ Petition cannot be granted by this Court and accordingly, this Writ
Petition stands dismissed. No costs. Consequently, connected Miscellaneous
Petitions are closed.
NCC : Yes/No 06.11.2023
Index : Yes/No
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https://www.mhc.tn.gov.in/judis
W.P.(MD)No.15393 of 2021
To
1.The Principal Secretary to Government,
State of Tamil Nadu,
Personnel and Administrative Reforms Department,
Secretariat, Fort St. George,
Chennai – 9.
2.The Principal Secretary,
Social Welfare Department, Secretariat,
State of Tamil Nadu, Fort St. George,
Chennai – 9.
3.The Principal Secretary
Horticulture Department, State of Tamil Nadu,
Secretariat, Fort St. George, Chennai – 9.
4.The Principal Secretary,
Public Health and Preventive Medicine Department,
State of Tamil Nadu,
Fort St. George, Chennai - 9.
5.The Principal Secretary,
Higher Education Department,
State of Tamil Nadu,
Fort St. George, Chennai - 9.
6.The District Collector,
Kanyakumari District at Nagercoil.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.15393 of 2021
N.ANAND VENKATESH, J.
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W.P.(MD)No.15393 of 2021
and
W.M.P.(MD)Nos.12291 of 2021 and 10870 of 2022
06.11.2023
https://www.mhc.tn.gov.in/judis
