JUDGMENT : R. SUBBIAH, J. This Writ appeal has been filed as against the Judgment dated 26.06.2018 passed in WP No. 3168 of 2018 by the learned Single Judge, dismissing the writ petition filed by the appellant herein. 2. The appellant has filed the aforesaid WP No. 3168 of 2018 for issuing a Writ of Mandamus directing the respondents 1 and 2 to allow the appellant-college to encash the Cash Endowment in fixed deposit for Rs.20 lakhs with the third respondent and to direct the third respondent to release the said Cash Endowment in Fixed deposit for Rs.20 lakhs to the appellant college within a time to be stipulated by this Court. 3. The appellant is running a college for Women in the name of Rabiammal Ahamed Maideen Women's College at Tiruvarur. The appellant college was established, vide Deed of Declaration of Trust, dated 24.08.1998, registered as Document No.125 of 1998 on the file of Sub-Registrar, Tiruvarur. The primary object with which the appellant's college was established is to impart higher education to rural girl students at affordable costs. The appellant had established the said college for Women in the year 1999 to educate the youth in rural areas. At that time, the appellant applied to the Government through respondents 1 and 2 and Regional Joint Director of Collegiate Education for approval for establishing the college as a Un-aided, self-financing, Minority Private Women College to commence imparting collegiate education. As per the conditions stipulated by the Government, the appellant deposited in a fixed deposit, a sum of Rs.20 lakhs with the third respondent for a minimum period of five years jointly in the names of the educational agency viz., appellant and the second respondent - Director of Collegiate Education. On the basis of compliance of all the conditions by the appellant institution, the Government, vide G.O.Ms.No.146, Higher Education (E1) Department, dated 08.04.1999 had accorded permission to establish the college to commence courses in B.Sc., Computer Science, B.Com and B.Sc., Bio Chemistry from the academic year 1999-2000, subject to grant of affiliation from Bharathidasan University. Accordingly, the appellant also obtained provisional affiliation from Bharathidasan University, Tiruchirapalli on 10.07.1999 for establishing the college. 4. Accordingly, the appellant also obtained provisional affiliation from Bharathidasan University, Tiruchirapalli on 10.07.1999 for establishing the college. 4. According to the appellant, after completion of five years period, in the year 2011-2012, the appellant approached the second respondent to permit them to withdraw the sum of Rs.20 lakhs deposited with the third respondent to enable them to utilise it for various institutional/infrastructural purposes. But the second respondent, contrary to the original condition, has stated that the cash endowment has to be maintained permanently, though it was stated earlier that such amount has to be deposited only for a period of five years. After making representation for releasing the amount, the appellant has filed the writ petition before this Court in WP No. 3168 of 2018 for the relief stated supra. 5. The said writ petition was resisted by the first and second respondents by filing a counter affidavit contending inter alia that as per Rule 7 (c) of The Tamil Nadu Private Colleges (Regulation) Rules, the educational agency should carry out the instructions issued by the Government or by the second respondent in running the college with a view to maintain academic standards and to safeguard the interest of the lecturers and students. It is in tune with the aforesaid Rules, the Government directed the appellant to deposit Rs.20 lakhs as a condition precedent for according approval for establishing the college. Initially, the appellant was directed to deposit the amount for a period of five years at the first instance. On completion of five years, the appellant- educational agency was directed to re-deposit the amount for a period of next five years and accordingly, the amount is lying in the deposit with the third respondent herein. As per the undertaking executed by the educational agency, it has to abide by the orders of the Government in maintaining the endowment of Rs.20 lakhs continuously, as long as the college is functioning, so that the interest earned can be utilised for the infrastructural development of the college in the academic interest of the lecturers and student. Therefore, the request of the appellant for withdrawal of the Cash endowment is a breach of the conditions of approval accorded by the Government for establishing the college. The very purpose of creation of the endowment is that the income earned from the endowment should be used for recurring expenditure of the institution. Therefore, the request of the appellant for withdrawal of the Cash endowment is a breach of the conditions of approval accorded by the Government for establishing the college. The very purpose of creation of the endowment is that the income earned from the endowment should be used for recurring expenditure of the institution. Therefore, the respondents sought for dismissal of the writ petition. 6. The learned Single Judge, by the order dated 26.06.2018, which is impugned in this writ petition, has concluded that the appellant, at the time of seeking approval for establishing the college, has given an undertaking that they will abide by the instructions given by the Government from time to time in running the college. Having given such an undertaking to abide by the instructions of the Government, the appellant cannot be allowed to withdraw the Cash Endowment. The learned Single Judge also observed that even though no outer time limit is stipulated in G.O. Ms. No.356, Higher Education Department, dated 29.09.2009, for retaining the cash endowment for a specified period, the Government has not issued any order for withdrawal of the amount made by newly established college and that the interest amount from the fixed deposit has to be utilised for development purpose. 7. The learned counsel for the appellant submitted that as per the original order of the Government, at the time of establishing the college, the appellant was directed to deposit Rs.20 lakhs with third respondent in the joint name of the appellant and the second respondent, for a minimum period of five years. On such deposit, the appellant was permitted to run the college and they commenced the courses. The appellant is also renewing the deposit amount from 1997 onwards. The learned counsel for the appellant also invited the attention of this Court to annexure to G.O. Ms. No.356, dated 29.09.2009 wherein, in clause No.9, it was stated as under:- "9. Cash endowment of Rs.20 lakhs to be deposited in Tamil Nadu Transport Development Corporation/Power Finance Corporation for a minimum period of five years, jointly in the name of the Educational Agency and the Director of Collegiate Education (need not necessarily be paid while applying and it should be created after the issue of Letter of Indent)". 8. Cash endowment of Rs.20 lakhs to be deposited in Tamil Nadu Transport Development Corporation/Power Finance Corporation for a minimum period of five years, jointly in the name of the Educational Agency and the Director of Collegiate Education (need not necessarily be paid while applying and it should be created after the issue of Letter of Indent)". 8. By referring to clause 9 mentioned above, the learned counsel for the appellant submitted that the Government Order stipulates that the Cash Endowment has to be deposited only for a period of five years and therefore, after the expiry of the term, the appellant is entitled to withdraw it. The Government Order is also silent about the period within which the amount could be withdrawn. Even as per the said Government Order, there is no maximum period stipulated, meaning thereby the endowment can be encashed after the period stipulated. The interest amount fetched out of the deposit is grossly insufficient for the appellant institution to undertake any developmental activities in the institution and therefore, utilising the said fund fully will enable the appellant to make significant development. Since the appellant is not getting any aid from any quarters and they are self-sufficient, release of the amount is essential. However, the learned Single Judge dismissed the writ petition without considering these aspects. The learned counsel for the appellant therefore prayed for allowing the Writ Appeal. 9. Countering the above submissions of the learned counsel for the appellant, the learned Special Government Pleader appearing for the respondents 1 and 2 submitted that the second respondent is the custodian of the endowment for opening of new colleges. The endowment should be utilised fully to meet the recurring expenditure of the college. Further, the management should not expect any aid from government for any purpose at any time now or in future for any recurring or non-recurring expenditure. The deposit must be utilised for infrastructure development, which the appellant cannot expect to be returned. In such circumstances, the learned Single Judge is wholly justified in dismissing the Writ Petition. The learned Special Government Pleader appearing for the respondents 1 and 2 therefore prayed for dismissal of this writ appeal. 10. We have heard the learned counsel for both sides and perused the records. From the above facts, it could be discerned that the appellant is a self-financing college. The learned Special Government Pleader appearing for the respondents 1 and 2 therefore prayed for dismissal of this writ appeal. 10. We have heard the learned counsel for both sides and perused the records. From the above facts, it could be discerned that the appellant is a self-financing college. The Cash Endowment of Rs.20 lakhs was deposited by the appellant in the year 1999 as a condition precedent for getting approval for establishing the college. Even as per Clause 9 of G.O.Ms.No.356, Higher Education Department, dated 29.09.2009, the Cash Endowment has to be kept in deposit for a period of five years. There is no stipulation in the aforesaid Government Order either for renewing the Cash Endowment for a further period, or to permit the institution to withdraw the Cash Endowment upon expiry of five years period. When the appellant institution deposited the amount at the time of establishing the college, they were made to understand that the amount can be kept under deposit initially for a period of five years. In the present case, the amount was deposited by the appellant in the year 1999 and the amount is continuously in deposit with the third respondent for more than 21 years. Even as stated in G.O.Ms.No.356, dated 29.09.2009, the amount has to be deposited initially for a period of five years, while so, renewing the Cash Endowment even beyond a period of 20 years, cannot be justified. The expectation of the appellant to get back the Cash Endowment so as to enable them to utilise it for infrastructural or development projects, is justified. In the light of the above, we are inclined to issue a Mandamus to the respondents to return the Cash Endowment of Rs.20 lakhs to the appellant within a period of two weeks from the date of receipt of a copy of this Judgment. 11. Accordingly, we set aside the Order dated 26.06.2018 passed in WP No. 3168 of 2018. The Writ Appeal is allowed. No costs. Consequently, connected Miscellaneous Petitions are closed.