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Madras High CourtWP/2093/2018disposed of

M.Sivakumar, v. The Registrar

2018-03-05Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2018

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN Writ Petition No.2093 of 2018 M.Sivakumar ... Petitioner Vs.

1.The Registrar, Pharmacy Council of India, Post Box No.7020, New Delhi - 110 002.

2.The Registrar, The Tamil Nadu Pharmacy Council, Block-E, First Floor, Bharathiyar Complex, 100 Feet Road, Vadapalani, Chennai - 26.

3.The Registrar, The Tamil Nadu Dr.M.G.R.Medical University, No.69, Anna Salai, Guindy, Chennai - 600 032.

4.The Principal, Padmavathy College of Pharmacy, Periyanahalli, Dharumapuri - 635 205.

... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the 4th respondent-college to refund a sum of Rs.1,20,000/- (Rupees One Lakh Twenty Thousand Only) paid by the petitioner towards tuition and admission fees for first year of B.Pharm Course expeditiously as fixed by this Court. For Petitioner :

Mr.M.P.Saravanan For Respondents :

Mr.M.T.Arunan for R3

O R D E R

This writ petition has been filed seeking a mandamus, directing the fourth respondent college to refund a sum of Rs.1,20,000/- (Rupees One Lakh Twenty Thousand Only) paid by the

petitioner towards tuition and admission fees for the first year of B.Pharm Course, within a time frame fixed by this Court.

2. The case of the petitioner is that the petitioner got admission in the fourth respondent college in B.Pharm Course, for the academic year 2017-2018 and paid a sum of Rs.1,20,000/- (Rupees One Lakh Twenty Thousand only) towards tuition and admission fees. However, he was unable to pay the donation amount as demanded by the fourth respondent college. Hence, he did not join in the course and requested to refund the amount paid by him at the time of admission. But, the fourth respondent college has not only refused to refund the same, but, also threatened him with dire consequences, which compelled the petitioner to send a representation dated 20.1.2018, to the respondents 1 to 3, requesting to refund the amount paid by him to the fourth respondent. Since the said representation was not considered by either of the respondents, the present writ petition came to be filed before this Court.

3. Heard the learned counsel appearing for the respective parties and perused the materials placed before this Court.

4. Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court, without going into the merits of the case, directs the respondents to consider the representation of the petitioner dated 20.1.2018, on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner, within a period of six weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VII) //True copy// Sub Assistant Registrar ms 1.The Registrar, Pharmacy Council of India, Post Box No.7020, New Delhi - 110 002.

2.The Registrar, The Tamil Nadu Pharmacy Council, Block-E, First Floor, Bharathiyar Complex, 100 Feet Road, Vadapalani, Chennai - 26.

3.The Registrar, The Tamil Nadu Dr.M.G.R.Medical University, No.69, Anna Salai, Guindy, Chennai - 600 032.

+1cc to Mr.M.P.Saravanan, Advocate SR.No.16755 +1cc to Mr.M.T.Arunan, Advocate SR.No.170451 Writ Petition No.2093 of 2018 RSI(CO) GN(27/03/2018)