← Library
Madras High CourtWP/18612/2023disposed of

Sri Nandhanam Education v. The Commissioner

2023-06-26Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Sri Nandhanam Education Social Welfare Trust, Rep. by its Chairman PMN Mohan Krishnaa, Nandhanam Nagar, Molagarampatti, Thirupattur District.

...Petitioner

Vs.

1.

The Commissioner, Adi Dravidar Welfare Office Pwd Estates Chepauk, Chennai - 5.

2.

The District Adi Dravidar Welfare Officer, Collectorate Campus, Thirupattur - 635 601.

...Respondents

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent herein to release the sum of Rs.83,57,500/- due to the petitioner herein as per the G.O.Ms.92, Adi Dravidar and Tribal Welfare Department dated 11.09.2012 within the period fixed by this Hon'ble Court.

For Petitioner : Mr.B.Manoharan 1/7

For Respondents : Mr.P.Sathish, AGP

O R D E R

This Writ petition has been filed seeking direction to the 1st respondent to release the sum of Rs.83,57,500/- due to the petitioner, as per the G.O.Ms.No.92, Adi Dravidar and Tribal Welfare (ADE-3) Department, dated 11.09.2012.

2. Mr.P.Sathish, learned Additional Government Pleader takes notice for the respondents. In view of the consent expressed by the Learned counsel on either side, this petition is taken up for final disposal.

3. The case of the petitioner is that the petitioner trust is running various Educational institutions, through which, the petitioner trust is educating the students in the rural area of Thirupattur District. The petitioner trust is also admitting the students belonging to Downtrodden community and gets the financial aid and tuition fees for the said students from the Government, as per the Government Order in G.O.Ms.92, Adi Dravidar and Tribal Welfare (ADE-3) Department, dated 11.09.2012. Further, the respondents herein are making payment of tuition fees from the academic year 2013-2014 and every year, the petitioner is making claim to 2/7

the respondents as per the admission of the students. While so, for the reasons best known to the respondents, the respondents have allowed the petitioner trust's claim partly and paid only a part of the tuition fee and there is a huge balance of Rs.73,22,500/- to be paid to the petitioner trust in respect of engineering college and Rs.10,35,000/- to be paid to the petitioner trust in respect of Polytechnic college. Therefore, the petitioner trust made several representations, seeking payment of the balance amount and the last representation made by the petitioner trust for release of fund for the Engineering College was on 08.02.2022 and the last representation, seeking release of fund for Polytechnic college was made on 13.03.2023. However, till date, no orders have been passed on the said representations and the respondents have not released the balance sum of Rs.83,57,500/- due to the petitioner trust. Hence, this Writ petition.

4. Though very many grounds have been raised, learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the 1st respondent to consider the petitioner trust's representations dated 08.02.2022 and 13.03.2023 and to consequently release the sum of Rs.83,57,500/- due to the petitioner trust, as per the G.O.Ms.No.92, Adi 3/7

Dravidar and Tribal Welfare (ADE-3) Department, dated 11.09.2012, as expeditiously as possible.

5. On the above said contentions, heard Learned Additional Government Pleader appearing for the respondents and perused the materials placed on record.

6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the 1st respondent to consider the petitioner trust's representations dated 08.02.2022 and 13.03.2023 on merits and in accordance with law and pass appropriate orders, within a period of two weeks from the date of receipt of a copy of this order, in the light of the Government Order in G.O.Ms.No.92, Adi Dravidar and Tribal Welfare (ADE-3) Department, dated 11.09.2012, after affording an opportunity of personal hearing to the petitioner and aggrieved persons, if any.

7. Accordingly, this Writ petition stands disposed of. No costs. 26.06.2023 4/7

skt NCC : Yes/ No Speaking Order : Yes/ No Index : Yes/ No To 1.

The Commissioner, Adi Dravidar Welfare Office Pwd Estates Chepauk, Chennai - 5.

2.

The District Adi Dravidar Welfare Officer, Collectorate Campus, Thirupattur - 635 601.

5/7

M.DHANDAPANI., J.

skt 6/7

26.06.2023 7/7