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V.GOPALSAMY versus THE CHIEF SECRETARY

High Court of Madras

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V.Gopalsamy v. The Chief Secretary - Writ Petition (MD) No.3408 of 2007 [2007] RD-TN 1465 (13 April 2007)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 13/4/2007

CORAM:

THE HONOURABLE MR. JUSTICE F.M.IBRAHIM KALIFULLA and

THE HONOURABLE MR.JUSTICE K.VEERARAGHAVAN

Writ Petition (MD) No.3408 of 2007

V.Gopalsamy .. Petitioner vs.

1.The Chief Secretary,

Govt. of Tamilnadu,

Fort St.George,

Secretariat,

Chennai - 9.

2.The Secretary to the Government,

Higher Education,

Government of Tamilnadu,

St.George Fort,

Chennai - 9.

3.Dr.P.Maruthamutu,

The Vice Chancellor,

Madurai Kamaraj University,

Madurai. .. Respondents Writ Petition filed under Article 226 of the Constitution has been filed praying to issue a Writ of Mandamus, directing the first respondent to cause an inspection constituting a committee by a person or persons and to cause any inquiry to be made in respect of the affairs of the Madurai Kamaraj University as per Section 7 of the Madurai Kamaraj University Act. For petitioner : Mr. S.Duraisamy For respondents 1 and 2: Mrs.Jessi Jeeva Priya

Spl.Government Pleader For 3rd respondent : Mr.R.Janakiramalu, Spl.Government Pleader :ORDER



(Order of the Court was made by F.M.IBRAHIM KALIFULLA, J) Mrs. Jessi Jeeva Priya, learned Special Government Pleader takes notice on behalf of the respondents.

2. The petitioner has come forward with this Public Interest Litigation seeking for issuance of a Writ of Mandamus to direct the first respondent to cause an inspection by constituting a committee and make an enquiry in respect of the affairs of the Madurai Kamaraj University as per Section 7 of the said University Act.

3. The petitioner, who is a practising lawyer, is stated to have worked as a Professor and Head of Management Studies in PSNA College of Engineering and Technology, Dindigul. It was then affiliated to the Madurai Kamaraj University. He is also stated to have worked as Principal for three colleges out of them two were the colleges affiliated to the Madurai Kamaraj University. He was also a Member of the Academic Council for certain period of the Madurai Kamaraj University. After his retirement, the petitioner is stated to have resumed his practise as lawyer.

4. The sum and substances of the grievance expressed in the affidavit filed in support of this Writ Petition are all directed against the third respondent herein, who is the Vice Chancellor of the Madurai Kamaraj University. The allegations as against the third respondent are that there were large scale mishandling of funds and that he also indulged in serious malpractices by abusing his position as Vice Chancellor of the University. The petitioner has already made a representation dated 17.3.2007 to the Chancellor of the University.

5. If the allegations of the petitioner contained in the affidavit in support of the Writ Petition are to be enquired, that would result in making a roming enquiry, which cannot be made in a Public Interest Litigation. If according to the petitioner, there are specific instances of malpractices indulged in by the third respondent in his capacity as the Vice Chancellor of Madurai Kamaraj University, the petitioner can always approach the concerned police with specific details by preferring necessary complaint for taking appropriate action against the third respondent.

6. Therefore, when such is the lawful course available to the petitioner, the petitioner cannot circumvent the same by resorting to Public Interest Litigation to make a roming enquiry into the allegations levelled against the third respondent in this Writ Petition.

7. We therefore, do not find any scope to entertain this Writ Petition as prayed for in the form of Public Interest Litigation. The Writ Petition, therefore, fails and the same is dismissed. Consequently, M.P.(MD)No.1 of 2007 is also dismissed. No costs.

To

1.The Chief Secretary,

Govt. of Tamilnadu,

Fort St.George,

Secretariat,

Chennai - 9.

2.The Secretary to the Government,

Higher Education,

Government of Tamilnadu,

St.George Fort,

Chennai - 9.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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