Madras High Court
Rt. Rev. Dr.A.R.Chellaiah vs S.Byju Nizeth Paaul on 18 October, 2024
Author: R.Subramanian
Bench: R.Subramanian
W.A.(MD) No.2045 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.A.(MD)No.2045 of 2024
and
C.M.P.(MD) No.14661 of 2024
Rt. Rev. Dr.A.R.Chellaiah,
The Bishop - Chairman,
The Executive Committee,
The Kanyakumari Diocese of Church of South India,
No.71-A, Dennis Street,
Nagercoil - 629 001,
Kanyakumari District. ... Appellant
-vs-
1.S.Byju Nizeth Paaul,
Secretary,
The Kanyakumari Diocese of Church of South India,
No.71-A, Dennis Street,
Nagercoil - 629 001.
2.The Director of Collegiate Education,
College Road, Chennai - 600 006.
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W.A.(MD) No.2045 of 2024
3.The Regional Joint Director of Collegiate Education,
Tirunelveli Region,
Palayamkottai, Tirunelveli District.
4.Manonmanium Sundaranar University,
Represented by its Registrar,
Palayamkottai, Tirunelveli District.
5.The Bishop – Chairman,
The Executive Committee,
The Kanyakumari Diocese of Church of South India,
71-A, Dennis Street,
Nagercoil - 629 001,
Kanyakumari District.
6.The Governing Board,
Scott Christian College (Autonomus),
Nagercoil, Kanyakumari District. ... Respondents
Writ Appeal filed under Clause 15 of Letters Patent to allow this Writ
Appeal by setting aside interim the order, dated 24.09.2024, passed in W.P.
(MD)No.17949 of 2024 and W.M.P.(MD)No.15384 of 2024.
For Appellant : Mr.V.Ragavachari
Senior Counsel
for Mr.E.Martin Jayakumar
For R1 : Mr.Isaac Mohanlal
Senior Counsel
for Mr.H.Thayumana Swamy
For R2 and R3 : Mr.S.P.Maharajan
Special Government Pleader
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W.A.(MD) No.2045 of 2024
JUDGMENT
[Judgment of the Court was made by R.SUBRAMANIAN, J.]
We find that the Writ Appeal has been filed on a misconception of the
order of the learned Single Judge.
2. According to Mr.V.Raghavachari, learned Senior Counsel appearing
for the appellant, there is a positive direction to conduct a meeting.
3. On a perusal of the order, we do not find any such positive direction.
The order impugned in the Writ Appeal, made in W.P.(MD)Nos.17949 and 18256
of 2024 and W.M.P.(MD)No.15384 of 2024, dated 24.09.2024, reads as follows:-
''After elaborate arguments, it is stated by both
sides that Executive Committee Meeting shall be convened
first to discuss the issue, for which, the writ petitioner shall
issue notice to the Executive Committee, giving 15 days time
for such meeting. During the meeting, the Executive
Committee shall pass a resolution and take a final decision
as to whether the Diocesan Council shall conduct a meeting
or not.
2.Post the matter on 21.10.2024. In the meantime,
the interim order already granted is extended.''
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4. What is recorded in the first part of the order is only a statement of the
counsel for the parties. We do not find any positive direction to convene the
meeting of the Executive Committee. This is clearly evident from the fact that the
learned Single Judge has posted the Writ Petition itself for hearing on 21.10.2024
while extending the interim order already granted on 28.08.2024.
Mr.V.Ragavachari, learned Senior Counsel appearing for the appellant very
clearly states that he has no objection for the order passed on 28.08.2024.
Though the learned Senior Counsel would seek to reserve liberty to argue on the
maintainability of the Writ Petition before the learned Single Judge, that liberty is
always available to the appellant herein / respondents in the Writ Petition.
5. In view of the above, we do not find any merit in the Writ Appeal.
Therefore, the Writ Appeal is dismissed. No costs. Consequently, connected
Miscellaneous Petition is closed.
NCC : No [R.S.M., J.] [L.V.G., J.]
Index : No 18.10.2024
smn2
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To
1.The Director of Collegiate Education,
College Road, Chennai - 600 006.
2.The Regional Joint Director of Collegiate Education,
Tirunelveli Region,
Palayamkottai, Tirunelveli District.
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R.SUBRAMANIAN, J.
and
L.VICTORIA GOWRI, J.
smn2
and
18.10.2024
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