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Madras High CourtWP/13211/2019allowed with costs

K.Sathishkumar v. The Director

2019-11-07Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:07.11.2019 Coram:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Writ Petition No.13211 of 2019 K.Sathishkumar .. Petitioner /versus/ 1.The Director, Centre for Students Affairs, Anna University, Chennai 600 025.

2.Lord Venkateshwara Engineering College, Rep.by its Principal Pulliyampakkam, Kanchipuram district.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2nd respondent namely, Lord Venkateshwara Engineering College rep by its Prinicpal, Pulliyampakkam, Kanchipuram District to refund the scholarship amount to the petitioner with interest within a stipulated time.

For Petitioner :Ms.T.Nithya For Respondents:Mr.L.P.Shanmugasundaram for R1 R2-No appearance

O R D E R

This Writ Petition has been filed praying to issue a Writ of Mandamus directing the 2nd respondent namely, Lord Venkateshwara Engineering College rep by its Prinicpal, Pulliyampakkam, Kanchipuram District to refund the scholarship amount to the petitioner with interest within a stipulated time. 2.The second respondent-College, which is affiliated to the first respondent-University, inspite of notice, has not been engaged a counsel or appeared in-person to answer the question of the petitioner, who is the Ex-student of the second https://hcservices.ecourts.gov.in/hcservices/

respondent-College belonging to the Scheduled Caste community that his tuition fees collected by the second respondent-College to the tune of Rs.63,700/- has not been refunded as per the instructions of the University.

3.Since the allegations made against the second respondentCollege has not been denied by the second respondent-College by filing any counter, this Court takes the allegation as true and proved and therefore, the second respondent is hereby directed to refund the tuition fees of Rs.63,700/- to the petitioner herein along with the cost of Rs.25,000/- for driving the petitioner to the Chief Minister(Cell) and thereafter to file the writ petition under Article 226 of the Constitution of India.

4.Further, the first respondent is directed to issue show cause notice and take action against the second respondentCollege since it has misappropriated the scholarship amount payable to the petitoner herein. Such action shall include reduction of seat or withdrawal of affliation. 5.Accordingly, this writ petition is allowed with cost of Rs.25,000/-to the petitioner.

s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar ari To:

The Director, Centre for Students Affairs, Anna University, Chennai 600 025.

+1 CC to Mr.L.P.Shanmugasundaram, Advocate sr 92943. +1 CC to M/s.T. Nithya, Advocate sr 92936.

W.P.No.13211 of 2019 PPA(CO) SP(05/12/2019) https://hcservices.ecourts.gov.in/hcservices/