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Madras High CourtWP/24462/2018dismissed as infructuous

S.Sasikumar, S/O.Selvaraj v. The Director,

2022-01-20Honourable Mr Justice Krishnan Ramasamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 20.01.2022

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.No.24462 of 2018 S.Sasi kumar

...Petitioner

..Vs..

1. The Director, Directorate of Technical Education, Chennai.

2. The Principal, Sri Sakthi Engineering College, Karamadai.

...Respondents

PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 1st respondent, to take appropriate steps to return petitioner's original certificates from the 2nd respondent.

For Petitioner : M/S.P.Saravanan For R1 : Mr.E.Sundaram, Government Advocate For R2 : No appearance O R D ER When the matter is taken up for hearing today i.e., 20.01.2022, the learned counsel appearing for the petitioner submitted that during the pendency of the Writ Petition, on 18.12.2021, this Court passed the following order: "The case of the writ petitioner is that he has joined Ist year B.E Computer Science and Engineering in the 2nd respondent/Sri Sakthi Engineering College after completion of Higher Secondary Education viz., 12th Standard and he continued for one year. Thereafter, due to poor financial status, he was unable to further pursue his B.E. Computer Science and Engineering Degree. Therefore, he discontinued the course. Thereafter, the petitioner made a

request to the 2nd respondent to return all the original certificates, viz., Transfer Certificate, Mark sheets of 10th and 12th standard and Community Certificate, which were handed over at the time of joining. The grievance of the petitioner is that till date the aforesaid certificates have not been returned to the petitioner.

2. The learned counsel appearing for the respondent submits that he wants to take appropriate instructions from the 1st respondent.

3. Due to poor financial status, the petitioner could not further pursue his B.E. course which promoted him to discontinue the same and despite the request made by the petitioner, the 2nd respondent did not return the same. The 2nd respondent College, without any right, cannot retain the certificates belonging to the petitioner for ever and without assigning any reason for such retention and 2nd respondent ought to have returned the documents as sought for by the petitioner. This Court hopes and trusts that the 1st respondent will issue appropriate instructions to the 2nd respondent to return all the original certificates belonging to the petitioner as requested by the petitioner and report the same by the next hearing date.

4. None appeared for the 2nd respondent.

Post the matter on 22.12.2021."

2. The learned counsel appearing for the petitioner submits that subsequent to the above order, the 2nd respondent has returned all the original certificates to the petitioner. Therefore, the prayer sought for in this Writ Petition has virtually become infructuous and there is nothing survives for adjudication.

3. In view of the above submission made by the learned counsel for the petitioner, this Writ Petition is dismissed as having become infructuous. No costs.

Sd/- Assistant Registrar(CS-V) //True copy// Sub Assistant Registrar jd

To

1. The Director, Directorate of Technical Education, Chennai.

+1cc to Government Pleader SR.No.3716 W.P.No.24462 of 2018 MT(CO) GMY(17/02/2022)