1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.8004 of 2011 And M.P.(MD).No. 1 of 2011 P.Mutharasu ... Petitioner -Vs- 1. The Joint Director of Collegiate Education Madurai Region,Madurai 2. Virudhunagar Hindu Nadars Senthikumara Nadar College Rep. by its Secretary Virudhunagar 3. Mr.S.Anandan Advocate/Enquiry Officer Virudhunagar Hindu Nadars Senthikumara Nadar College Virudhunagar ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari calling for the records pertaining to the impugned order passed by the third respondent in No.Nil, dated 14.07.2011, quash the same and consequently direct the respondents 2 and 3 to furnish the copy of documents mentioned in the petitioner's letter dated 14.07.2011. For Petitioner : Mr.R.Subramanian For 1st Respondent: Mr.B.Pugalenthi Special Government Pleader For 2nd Respondent: Mr.M.Valliniayagam For 3rd Respondent: Mr.V.S.Balamurugan O R D E R Seeking to quash the proceedings dated 14.07.2011, of the Enquiry Officer, Virudhunagar Hindu Nadars Senthikumara Nadar College, Virudhunagar, fixing the enquiry on 20.07.2011, the petitioner has filed the present Writ Petition for a Certiorari on the grounds inter alia that certain documents of defence, as requested by the petitioner in his letter, dated 14.07.2011, were not furnished and consequently, the petitioner has been deprived of a reasonable opportunity to effectively defend the charges levelled against him. 2. On this day, when the matter came up for hearing, Mr.R.Subramanian, learned counsel for the petitioner submitted that copies of the documents requested by the petitioner in his representation have been furnished, except the minutes of the meeting convened by the Head of the Department, Mathematics, for the year 2010-2011. https://hcservices.ecourts.gov.in/hcservices/ 2 3. Inviting the attention of this Court to the letter, dated 18.03.2011, written by Mr.P.Mutharasu, Head of the Department Mathematics, Virudhunagar, addressed to the Principal of the said college, learned counsel for the petitioner submitted that there is a presumption that the minutes have not been recorded. 4. In this context, perusal of the letter shows that as per the instructions of the Principal, VHNSN College, Virudhunagar, a meeting has been convened on 07.03.2011 at 2 p.m., and as there was pandemonium in the room, the Head of the Department was unable to record the minutes of the meeting. In as much as, the petitioner has been furnished with the copies of the documents required except the above, he submitted that the petitioner would co-operate in the departmental proceedings. 5. In the abovesaid circumstances, Virudhunagar Hindu Nadars Senthikumara Nadar College, Virudhunagar, shall complete the enquiry within a statutory period, provided under the Tamil Nadu Private School Regulations Act and the rules framed thereunder. 6. With the abovesaid directions, the Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar(CS) To 1. The Joint Director of Collegiate Education Madurai Region,Madurai 2. The Secretary, Virudhunagar Hindu Nadars Senthikumara Nadar College Virudhunagar 3. Mr.S.Anandan Advocate/Enquiry Officer Virudhunagar Hindu Nadars Senthikumara Nadar College Virudhunagar +1cc to The Special Government Pleader, SR.No.27429 +1cc to Mr.R.Subramanian, Advocate, SR.No.27349 vsg GH : 12.08.2011 : 2p/6c W.P.(MD).No.8004 of 2011 And M.P.(MD).No. 1 of 2011 11.08.2011 https://hcservices.ecourts.gov.in/hcservices/