S.Judy Stalin, v. The Dean,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Writ Appeal No.1472 of 2016 and CMP Nos.18337 & 18338 of 2016 S.Judy Stalin ..Appellant Vs.

1. The Dean Rajah Muthiah Medical College, Annamalai University, Annamalai Nagar, Chidambaram 608 002.

2. The Secretary, Selection Committee, Directorate of Medical Education, 162, Periyar E.V.R.High Road, Kilpauk, Chennai 600 010.

3. The Registrar, Thiruvannamalai Government Medical College, Outer Ring Road New Town, Thirinjapuram Union, Vengikkal, Tiruvannamalai 606 604.

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4. The President, Tamil Nadu Medical Council, No.914, Poonamallee High Road, Arumbakkam, Chennai.

.. Respondents Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the order passed by this Court dated 26.10.2016 passed in W.P.No.36241 of 2016.

For Appellant : Ms. Anusuya Balaji for M/s. R.Manickavel For Respondents : Mr. K.Sathishkumar, for R1 Mr.Vadivelu Deenadayalan Addl. Govt. Pleader, For RR 2& 3

J U D G M E N T

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.) The prayer in the Writ Petitions reads as follows: "to issue a Writ of Mandamus, (i & ii) forbearing the respondents 2 & 3 from claiming any additional tuition fee from the petitioner for 2/6

releasing the original certificates in the custody of the third respondent (in WP Nos.36781 & 36529 of 2016) (iii) Directing the first respondent to return all the original certificates collected from the petitioner and refund the fees paid to the first respondent in a sum of Rs.5,54,370/- towards the Tuition Fees and a further sum of Rs.73,000/- towards the Hostel Fees in WP No.36241 of 2016.

2. The learned Single Judge by an order dated 26.10.2016 directed the Certificates to be returned upon furnishing a Bank Guarantee of value equivalent to 50% of the tuition fee payable. One of the petitioners filed an Appeal and by an interim order dated 21.11.2016, the first respondent was directed to return all the original certificates without insisting on the Bank Guarantee. It is stated that in compliance of the interim order passed in the Appeal, the Certificates have been returned. In effect, the Writ Appeal has been allowed by virtue of the interim order itself. 3/6

3. Therefore, we do not find any scope for further hearing or passing further orders in this Writ Appeal. The Writ Appeal is therefore closed. Leaving it open to the parties to agitate all claims before the learned Single Judge, where the Writ Petition is pending. There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed. (R.SUBRAMANIAN, J.) (K.KUMARESH BABU, J.) 29.09.2022 Index: Yes/no Internet: Yes/no speaking order/non speaking order jv To

1. The Dean Rajah Muthiah Medical College, Annamalai University, Annamalai Nagar, Chidambaram 608 002.

2. The Secretary, Selection Committee, Directorate of Medical Education, 162, Periyar E.V.R.High Road, Kilpauk, Chennai 600 010.

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3. The Registrar, Thiruvannamalai Government Medical College, Outer Ring Road New Town, Thirinjapuram Union, Vengikkal, Tiruvannamalai 606 604.

4. The President, Tamil Nadu Medical Council, No.914, Poonamallee High Road, Arumbakkam, Chennai.

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R.SUBRAMANIAN, J.

and K.KUMARESH BABU, J.

(jv) Writ Appeal No.1472 of 2016 and CMP Nos.18337 & 18338 of 2016 29.09.2022 6/6