Narasimma Narayanan v. The Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2021

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH AND THE HON'BLE MRS.JUSTICE S.KANNAMMAL W.A.NO.1371 OF 2021 AND C.M.P.NO.8545 OF 2021 Narasimma Narayanan ... Appellant .Vs.

1. The Registrar, Tamil Nadu Dr.Ambedkar Law University, Poompozhil, No.5, Dr.DGS Dhinakaran Salai, Chennai - 600 028.

2. The Principal, Government Law College, Madurai - 625 020.

3. Footwear Design & Development Institute, Plot No.E-1, VII Main Road, SIPCOT Industrial Park, Irungattukottai, Kancheepuram - 602 102.

... Respondents PRAYER:- Appeal filed under Clause 15 of Letters Patent against the order dated 16.02.2021 made in W.P.No.20243 of 2020. Prayer in W.P.No.20243 of 2020:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents herein to consider the grievance of the petitioner and pleased to grant time for submitting the discontinued certificate or Transfer Certificate or any other equivalent certificate from the 3rd Respondent and till the permit the petitioner to join in 5 years B.A., LL.B., Degree Course in the 2nd Respondent college for the academic year of 2020-21. For Appellant :

Mr.Srikrishna Jakkula For Mr.J.Hari Krishna For Respondents :

No appearance

JUDGMENT

(Delivered by M.M.SUNDRESH, J.) This appeal has been preferred against the order of the learned Single Judge who, despite taking note of the difficulties faced by the appellant, did not grant the relief, while giving liberty to lodge a criminal complaint against the third respondent for spoiling the prospect in pursuing his course.

2. The appellant wants to join some other course and for that, he sought for discontinued certificate or transfer certificate from the third respondent. Since it was not furnished to him, he approached the Court.

3. We have heard the learned counsel appearing for the appellant.

4. Despite service of notice and the name of the third respondent having been printed in the cause list, there is no representation on behalf of the third respondent as was the case before the learned Single Judge.

5. What the appellant seeks is only a document evidencing discontinuation. He is also entitled for the transfer certificate unless law prohibits so. We are not inclined to hold that the appellant is not entitled for the same since for the reasons known, the third respondent has not appeared before this Court.

6. In such view of the matter, we are inclined to direct the third respondent to furnish transfer certificate stated to be available with the said Institute within a period of four weeks from the date of receipt of a copy of this judgment.

7. With the above direction, the writ appeal stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar mmi/ssm

To 1.

The Registrar, Tamil Nadu Dr.Ambedkar Law University, Poompozhil, No.5, Dr.DGS Dhinakaran Salai, Chennai - 600 028.

2.

The Principal, Government Law College, Madurai - 625 020.

3.

Footwear Design & Development Institute, Plot No.E-1, VII Main Road, SIPCOT Industrial Park, Irungattukottai, Kancheepuram - 602 102.

+2ccs to Mr.N.Mahendra Babu, Advocate, S.R.No.42760 W.A.NO.1371 OF 2021 RGN(CO) PBS/17/09/2021