1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.08.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.(MD).No.8783 of 2011 And M.P.(MD).Nos. 1 to 3 of 2011 Muthukumarapillai, Secretary, Lakshmipuram College of Arts of Science, Neyyoor -629 802 ... Petitioner -Vs- 1. The Director of Collegiate Education Chennai - 600 006 2. The Joint Director of Collegiate Education Tirunelveli Region Tirunelveli 3. C.Subramanian ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari calling for the records of the first respondent, pertaining to his order in proceedings Na.Ka.No 46316/F2/2009 dated 1.8.2011 on his file, quash the same. For Petitioner : Mr.K.N.Thampi For RR 1 & 2 : Mr.TR.Janarthanam Additional Government Pleader For 3rd Respondent: Mr.F.X.Eugene ORDER This Writ Petition has been filed for a Writ of Certiorari to quash the proceedings of the first respondent in Na.Ka.No. 46316/F2/2009, dated 1.8.2011. 2. Heard Mr.K.N.Thampi, learned counsel for the petitioner, Mr.TR.Janarthanam, learned Additional Government Pleader, appearing for the respondents 1 and 2 and Mr.F.X.Eugene, learned counsel appearing for the third respondent. 3. By consent, the Writ Petition itself is taken up for final hearing. 4. By an order, dated 01.03.2011, the Division Bench of this Court in W.A.(MD).Nos. 359 and 360 of 2010, set aside the proceedings and remanded the matter to the Director of Collegiate Education, to consider the claim of https://hcservices.ecourts.gov.in/hcservices/ 2 the petitioner afresh and that was considered and final order was passed, on 24.05.2011, in favour of the writ petitioner. Thereafter, at the behest of the third respondent, who filed a representation on 30.05.2011, the impugned notice has been issued by the Director of Collegiate Education, calling upon the petitioner to appear for enquiry to review the order already passed in favour of the petitioner. Challenging the same, the Writ Petition has been filed. 5. Notice of motion was ordered. The third respondent appeared before this Court and filed an application to vacate the interim order passed by this Court. 6. At the outset, the third respondent and the official respondents were asked to justify the notice after passing of the final order and in response, it was conceded that there is no power to review. The authority has become functus officio and therefore, the question of reviewing the order does not arise. The Act does not empower the authority to review the order passed under Section 7 of the Act. 7. Therefore, learned counsel appearing for the third respondent has pleaded that the third respondent will prosecute the matter before the Government in terms of Section 41 of the Tamil Nadu Private Colleges (Regulation) Act 1976, by way of revision. 8. In view of the above, the impugned notice is set aside and accordingly, the Writ Petition is allowed. The third respondent is entitled to pursue his remedy in accordance with law. The vacate stay petition is dismissed. Consequently, M.P.(MD).Nos.1 & 2 of 2011 is closed. No costs. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To 1. The Director of Collegiate Education Chennai - 600 006 2. The Joint Director of Collegiate Education Tirunelveli Region Tirunelveli +1cc to Mr.K.N.Thampi, Advocate SR.No.29144 +1cc to Mr.F.X.Eugene, Advocate Sr.No.29195 +1cc to The Special Government Pleader Sr.No.29300 vsg akm/08.09.11 /2p-6c/ W.P.(MD).No.8783 of 2011 And M.P.(MD).Nos. 1 to 3 of 2011 25.08.2011 https://hcservices.ecourts.gov.in/hcservices/