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Chennai: Pachaiyappa's alumnus seeks change in old order

However, now it came to light that already election notification has been issued.

Chennai: An alumnus of Pachaiyappa's College, who earlier moved an application and obtained an interim injunction, has again approached the Madras high court seeking to modify its earlier order.

Originally on an application filed by L. Chenkuttuvan, Justice R. Sureshkumar had on March 5 restrained the Interim Administrator, Pachaiyappa's Board Trust Board and secretary of Pachaiyappa's Trust Board from issuing any notification for the election of trustees of the trust board of Pachaiyappas Trust. Subsequently, the applicant came to know that the election notification was already issued.

Therefore, he filed another application for modification of the earlier order of the court to the effect to direct the Interim Administrator and the secretary of Pachaiyappa's Trust Board not to proceed with any further proceedings for the election or electing the Trustees of the Board of Pachaiyappas Trust.

When the application came up for hearing before Justice R. Subramaniam, who heard another batch of petitions relating to the issues pertaining to Pachaiyappas trust board earlier and adjourned it to March 13, V. R. Kamalanathan, counsel for the applicant submitted that earlier the applicant sought to restrain the Interim Administrator not to issue the notification for the election and obtained an interim order. However, now it came to light that already election notification has been issued. Therefore, the order could be modified to the extent not to proceed with any further proceedings for the election or electing the trustees, he added.

The judge said though the prayer in the application was in the nature of direction, it actually seeks modification of the order passed on March 5 by Justice R. Sureshkumar.

"I am of the considered opinion that any modification of the order passed shall be dealt with by the same judge, who passed the order. Therefore, the Registry is directed to place the papers before the Chief Justice for appropriate orders regarding posting of this case before the same judge who passed the order on March 5. Registry is directed to place the papers before the Chief Justice forthwith since the connected matters has been fixed for hearing on March 13 with the consent of all the senior counsel appearing in this case", the judge added.

( Source : Deccan Chronicle. )
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