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Madras High CourtWP/38597/2015withdrawn dismissed

R.Abavanan v. The Controller Of Examinations

2016-03-18Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.38597 of 2015 and M.P.No.1 of 2015 R.Abavanan ... Petitioner vs.

1.The Controller of Examinations, Anna University, Chennai-25.

2.The Director of Technical Education, Chennai-25.

3.The Principal, 1210 - Panimalar Engineering College, Bangalore Trunk Road, Varadharajapuram, Thiruvallur District - 600 123.

4.The Sub Collector, Mettur, Salem District.

... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents 1 to 3 to permit the petitioner to write B.E. Mechanical Engineering Degree Examinations - Nov/Dec-2015 scheduled to be held from 7.12.2015 to 18.12.2015 and publish the results without insisting upon the production of the community certificate.

For Petitioner : Mr.S.Doraisamy For Respondents : Mr.L.P.Shanmugha Sundaram, for R.1 Mr.V.Jayaprakash Narayanan, Spl. Govt. Pleader, for R.2 and R.4

ORDER

The petitioner has come up with the present writ petition for a mandamus, directing the respondents 1 to 3 to permit him to write B.E. Mechanical Engineering Degree Examinations - Nov/Dec-2015 scheduled to be held from 7.12.2015 to 18.12.2015 and publish the results without insisting upon the production of the community certificate.

2. Today, when the matter was taken up for consideration, learned counsel appearing for the petitioner submitted the petitioner has obtained the community certificate, which was issued by the fourth respondent and he is prepared to produce the same before the respondents 1 to 3. Therefore, there is no need to pass any specific order in this writ petition and hence, he seeks permission of this Court to withdraw the writ petition. However, he sought for a direction to the respondents 1 to 3 to publish the result of the petitioner on production of community certificate. However, I am of the opinion, since the petitioner seeks to withdraw the writ petition, this Court cannot give any such direction.

3. In the result, the writ petition is dismissed as withdrawn. However, the petitioner is at liberty to produce the community certificate before the respondents 1 to 3 to enable them to publish the results. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 1.The Controller of Examinations, Anna University, Chennai-25.

2.The Director of Technical Education, Chennai-25.

3.The Sub Collector, Mettur, Salem District.

+1cc to M/S.S.Doraisamy, Advocate, S.R.No.17767 +1cc to Mr.L.P.Shanmugasundaram, Advocate, S.R.No.17528 W.P.No.38597 of 2015 ad(CO) srg(28/03/2016)