Back
HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice D. KRISHNAKUMAR,Honourable Mr Justice R.VIJAYAKUMAR
S.Srinivasan Menon – Appellant
Versus
The Government – Respondent
WMP(MD)/7822/2022
The court has the discretion to grant or deny an interim injunction based on the facts and circumstances of each case.
Headnote:
MINORITY EDUCATIONAL INSTITUTIONS - APPOINTMENT OF STAFF - INTERIM INJUNCTION - [The court declined to grant an interim injunction restraining the respondents from making any appointment as staff of the 6th respondent college as a minority institution or without following the due procedure, pending the disposal of the writ petition.]
Fact of the Case:
The petitioner filed a writ petition challenging the status of the respondents 6 and 7 Colleges as minority institutions. Pending the writ petition, the petitioner filed an application seeking an interim injunction restraining the respondents 6 to 8 from making any appointment as staff of the 6th respondent college as a minority institution or without following the due procedure.
Finding of the Court:
The court declined to grant an interim injunction as prayed for by the petitioner.
Issues: Whether the respondents 6 and 7 Colleges have the status of minority institutions.
Ratio Decidendi: The court held that it was not inclined to grant an interim injunction as prayed for by the petitioner.
Final Decision: The petition was dismissed. However, it was made clear that any appointment would be subject to the outcome of the writ petition.
WMP(MD)No.7822 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Special Original Jurisdiction )
Tuesday, the Tenth day of January Two Thousand and Twenty Three
PRESENT
The Hon`ble Mr.Justice D.KRISHNAKUMAR
and
The Hon`ble Mr.Justice R.VIJAYAKUMAR
WMP(MD)No.7822 of 2022
in
W.P.(MD)No.12560 of 2020
S.SRINIVASAN MENON ... PETITIONER/PETITIONER
Vs
1 THE GOVERNMENT OF TAMIL NADU
REPRESENTED BY ITS SECRETARY,
HIGHER EDUCATION DEPARTMENT,
FORT ST. GEORGE,
CHENNAI 600 009
2 THE DIRECTOR OF COLLEGIATE EDUCATION,
COLLEGE ROAD, CHENNAI 600 006
3 THE REGIONAL JOINT DIRECTOR
OF COLLEGIATE EDUCATION,
TIRUNELVELI
4 THE MANOMANIAM SUNDARANAR UNIVERSITY,
ABISHEKAPATTI
TIRUNELVELI,
TIRUNELVELI DISTRICT,
REPRESENTED BY ITS REGISTRAR.
5 THE DISTRICT COLLECTOR OF KANYAKUMARI
AT NAGERCOIL,
KANYAKUMARI DISTRICT
6 SREE AYYAPPA COLLEGE FOR WOMEN,
CHUNKANKADAI, NAGERCOIL 629 003,
KANYAKUMARI DISTRICT,
REPRESENTED BY ITS
CORRESPONDENT/SECRETARY
1/3
https://www.mhc.tn.gov.in/judis
WMP(MD)No.7822 of 2022
7 SREE AYYAPPA COLLEGE EDUCATIONAL SOCIETY,,
SREE AYYAPPA COLLEGE CAMPUS,
CHUNKANKADAI,
NAGERCOIL 3, KANYAKUMARI DISTRICT,
PIN 629 003,
REPRESENTED BY ITS SECRETARY
8 NAIR SERVICE SOCIETY,
PERUNNA, CHANGANASSERI,
KOTTAYAM DISTRICT,
KERALA STATE,
PIN-686102,
REPRESENTED BY ITS GENERAL SECRETARY.
9 THE NATIONAL COMMISSION FOR
MINORITY EDUCATIONAL INSTITUTIONS,,
GATE NO.4, 1ST FLOOR,
JEEVAN TARA BUILDING 5, SANSAD
MARG,PATEL CHOWK, NEW DELHI,
NEW DELHI-110001,
REPRESENTED BY ITS SECRETARY ... RESPONDENTS/RESPONDENTS
Petition filed praying that in the circumstances stated
therein and in the affidavit filed therewith the High Court may be
pleased to issue an order injunction, restraining respondents 6 to 8
from making any appointment as staff of the 6th respondent college
as a minority institution or without following the due procedure,
pending disposal of the above writ petition, and thus render
justice.
ORDER : This petition coming up for orders on this day, upon
perusing the petition and the affidavit filed in support thereof and
upon hearing the arguments of M/S. THAMPI. K.N, Advocate for the
petitioner and of M/S.P.THILAKKUMAR, Government Pleader on behalf of
the Respondents 1 to 3 & 5 and M/S.RAGATHEESH KUMAR, Advocate for
the Respondents 6 & 7 and M/S.J.ANANDAVALLI, Advocate for the
Respondent No.8 and M/S.JASIMA YASMIN, Advocate for M/S.AJMAL
ASSOCIATES, for Respondent No.4, the court made the following
order:-
(Order of the Court was made by D.KRISHNAKUMAR, J.)
Challenging the status of the respondents 6 and 7 Colleges,
as minority institutions, the petitioner has filed the above Writ
Petition.
2. Pending the aforesaid writ petition, the petitioner has
filed the present application, seeking for interim injunction,
restraining the respondents 6 to 8 from making any appointment as
staff of the 6th respondent college as a minority institution or
without following the due procedure.
2/3
https://www.mhc.tn.gov.in/judis
WMP(MD)No.7822 of 2022
3. After hearing both parties, we are not inclined to grant
interim injunction as prayed for by the petitioner. Accordingly,
this petition is dismissed. However, it is made clear that any
appointment will be subject to the outcome of the writ petition.
4. Registry is directed to post the main Writ Petition
after four [4] weeks. In the meantime, the respondents are directed
to file counter, if any.
sd/-
10/01/2023
/ TRUE COPY /
/01/2023
Sub-Assistant Registrar (C.S.)
Madurai Bench of Madras High Court,
