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2015 DIGILAW 1540 (MAD)

Muthu Irulan v. Additional Director (Poly), Director of Technical Education (DOTE), Guindy

2015-03-19

K.RAVICHANDRABAABU

body2015
Judgment :- 1. The petitioner seeks for a Mandamus directing the second respondent to return the original certificates, namely, Transfer Certificate, Mark Statements, Community Certificates and other certificates submitted by him at the time of admission in the second respondent college. 2. At the time of hearing this matter for admission on 23.02.2015, Mr.R.Anandaraj, learned Government Advocate took notice for the first respondent and the petitioner was permitted to take private notice to the second respondent returnable by two weeks. Accordingly, the private notice was taken to the second respondent on 23.02.2015 itself and the same was served on the second respondent on 25.02.2015. However, when the matter is taken up today for further hearing, the second respondent has not chosen to appear either in person or through counsel and on the other hand, the name of the second respondent is printed in the cause list. 3. From the affidavit filed in support of the writ petition, it is seen that the petitioner, who joined the second respondent college to do the Diploma course in the Civil Engineering, has unfortunately discontinued the course due to ragging by the senior students. It is also stated that the petitioner filed a police complaint in Crime No.118 of 2014 in respect of the same before the Koodakovil Police Station. In view of the above stated facts and circumstances, it is stated that the petitioner has discontinued the course and consequently, sought for returned of the above certificates from the second respondent college. However, the second respondent has not returned the same, which inaction or refusal has driven the petitioner to approach this Court to file this writ petition. 4. When the second respondent has not chosen to appear before this Court to explain as to under what circumstances the petitioner's certificates are being retained by the college all these days, inspite of receipt of notice in this writ petition, this Court is left with no other option except to accept the contention raised in the affidavit filed in support of the writ petition and consequently, to issue Mandamus to the second respondent as prayed for. 5. Accordingly, this Writ Petition is allowed and the second respondent is directed to return the original certificates, namely, Transfer Certificate, Mark Statements, Community Certificates and other certificates submitted by the petitioner, within a period two weeks from the date of receipt of a copy of this order. 5. Accordingly, this Writ Petition is allowed and the second respondent is directed to return the original certificates, namely, Transfer Certificate, Mark Statements, Community Certificates and other certificates submitted by the petitioner, within a period two weeks from the date of receipt of a copy of this order. Because of the inaction of the second respondent, the petitioner was driven to file this writ petition before this Court seeking for the relief as stated supra. Therefore, I am of the view that the petitioner should be suitably compensated by imposing cost on the second respondent. Accordingly, the second respondent shall also pay a sum of Rs.10,000/- (Rupees ten thousand only) as costs to the petitioner while returning the original certificates as stated supra.