Cpcl Educational Trust, Regd. v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :: 23-09-2016
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.13932 of 2016 CPCL Educational Trust, represented by its Secretary.
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Petitioner -vs1.The State of Tamil Nadu, rep.by its Secretary, Directorate of Technical Education, Fort St.George, Chennai-600 009.
2.The Department of Higher Education, represented by the Member Secretary, 6th Floor, Namakkal Kavignar Malligai, Tamil Nadu Secretariat, Fort St.George, Chennai-600 009.
3.The Committee on Fixation of Fee of Self-Financing Polytechnic, Hotel Management and Catering Technology Colleges, represented by the Member Secretary, 6th Floor, Namakkal Kavignar Malligai, Tamil Nadu Secretariat, Fort St.George, Chennai-600 009.
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Respondents Writ Petition under Article 226 of the Constitution of India, praying for issuance of a writ of certiorarified mandamus, to call for the records of the third respondent in its report pertaining to the impugned proceedings No.CFF/Diploma - Hotel Management and Catering Technology/Fee/030/2015, dated 01.04.2015, and quash the same and consequently direct the respondents to re-examine and fix the fee chargeable by the petitioner, based on its representations, actual costs incurred by the College and future plans of expansion/development.
For petitioner : Mr.R. Muthukumarasamy SC for R.Senthil Kumar For respondents 1 & 2 : Mr.R.Prathapkumar, Addl.Govt.Pleader.
For respondent 3 : Mr.C.Manishankar, Addl.Advocate General, assisted by Mr.P.Sanjay Gandhi, Addl.Govt.Pleader.
O R D E R
(Order of the Court was made by Huluvadi G.Ramesh, J.) Petitioner has filed this Writ Petition, seeking for issuance of a writ of certiorarified mandamus, to call for the records of the third respondent in its report pertaining to the impugned proceedings No.CFF/Diploma - Hotel Management and Catering Technology/Fee/030/2015, dated 01.04.2015; quash the same and, consequently, direct the respondents to re-examine and fix the fee chargeable by the petitioner, based on its representations, actual costs incurred by the College and future plans of expansion/development.
2. Learned counsel for the petitioner has fairly submitted that it is for the Committee, that is constituted for the purpose, to re-look into the matter. The learned Additional Advocate General has also submitted that the matter may be referred to the Committtee, constituted for the purpose, for resolution.
3. In that view of the matter, the petitioner is directed to approach the Committee, constituted for the purpose, by placing all the relevant materials, and seek for reconsideration of the matter. On such approach, the Committee shall pass appropriate orders, after affording an opportunity of personal hearing to the petitioner.
4. Writ Petition is disposed of accordingly. No costs. Consequently, the connected W.M.P.Nos.12200 to 12202 of 2016 are closed.
Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar dixit
To 1.The Secretary, State of Tamil Nadu, Directorate of Technical Education, Fort St.George, Chennai-600 009.
2.The Member Secretary, Department of Higher Education, 6th Floor, Namakkal Kavignar Malligai, Tamil Nadu Secretariat, Fort St.George, Chennai-600 009.
3.The Member Secretary, The Committee on Fixation of Fee of Self-Financing Polytechnic, Hotel Management and Catering Technology Colleges, 6th Floor, Namakkal Kavignar Malligai, Tamil Nadu Secretariat, Fort St.George, Chennai-600 009.
1 cc to Mr.R. Senthilkumar, Advocate, Sr. 54713 1 cc to Government Pleader, Sr. 54603 W.P.No.13932 OF 2016 SCD (CO) kk 20/10