Dr. R. Balasubramaniam, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.01.2017
CORAM:
THE HONOURABLE MR. JUSTICE B.RAJENDRAN WRIT PETITION No.1599 of 2017 Dr.R.Balasubramaniam ... Petitioner vs.
1.
The State of Tamil Nadu, rep. by the Secretary to Government, Higher Education Department, Chief Secretariat, Fort St. George, Chennai 600 009.
The Registrar, Anna University, Sardar Patel Road, Guindy, Chennai 600 025.
The Director, Anna University, Regional Centre - Coimbatore, Jothipuram Post, Coimbatore - 641 047.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents to refund (a) a sum of Rs.74,000/- being the educational fee exempted by G.O.Ms.No.429, dated 16.10.2008 and (b) Rs.11,250/- being the fee collected by the respondents in excess of the fee chargeable, totally amounting to a sum of Rs.85,250/- with interest at the rate of 18% per annum with all other consequential benefits.
For Petitioner :
M/s.Giridhar and Sai For 1st Respondent :
Mr.P.V.Selvakumar Additional Government Pleader For Respondents 2 & 3 :
Mr.L.P.Shanmugasundaram, Special Government Pleader
O R D E R
The petitioner has come up with this Writ Petition seeking a direction to the respondents to refund a sum of Rs.74,000/- being the educational fee exempted by G.O.Ms.No.429, dated
16.10.2008 and a sum of Rs.11,250/- being the fee collected by the respondents in excess of the fee chargeable, totally amounting to a sum of Rs.85,250/- with interest at the rate of 18% per annum with all other consequential benefits. According to the petitioner, he is a physically disabled person with 55% permanent disability. The 1st respondent issued G.O.Ms.No.429, dated 16.10.2008 granting fee exemption to disabled students studying in Government and Government aided Engineering Colleges and Universities, which are under its purview. As per the said G.O., the petitioner is entitled for fee exemption to the tune of Rs.74,000/- being the fee paid by him towards admission and semester fees (education fee). However, the 3rd respondent has refunded only the caution deposit of Rs.5,000/-.
Hence, the petitioner made a representation dated 04.03.2014 to the 2nd respondent seeking refund of (i) a sum of Rs.74,000/- towards education fee, which is exempted vide G.O.Ms.No.429, dated 16.10.2008; (ii) a sum of Rs.10,000/- being the excess fee collected by the 3rd respondent and (iii) a sum of Rs.1,250/- being excess fee demanded and collected by the 2nd respondent. Even after making several representations in this regard, since there is no response from the respondents, the petitioner is before this Court. Heard the learned counsel for the parties and perused the material documents available on record.
4.
Learned Special Government Pleader appearing for respondents 2 and 3 submitted that no representation has been made by the petitioner to the 2nd respondent. 5.
In view of the above, considering the facts and circumstances of the case, this Court directs the petitioner to send a fresh representation to the 2nd respondent in respect of his grievance within a period of one week from the date of receipt of a copy of this order and the 2nd respondent is directed to consider the same on merits and in accordance with law and pass appropriate orders within a period of one month, thereafter.
The Writ petition is disposed of with the above direction. No costs.
s/d- Assistant Registrar(CO) //True Copy// Sub-Assistant Registrar
To:
1.
The State of Tamil Nadu, rep. by the Secretary to Government, Higher Education Department, Chief Secretariat, Fort St. George, Chennai 600 009.
The Registrar, Anna University, Sardar Patel Road, Guindy, Chennai 600 025.
The Director, Anna University, Regional Centre - Coimbatore, Jothipuram Post, Coimbatore - 641 047.
+1 CC to Mr. L.P.ShanmugaSundaram, Advocate sr 4219 +1 CC to Govt. Pleader sr 4350 Order in W.P.No.1599 of 2017 GJI(CO) sp/10/2