N.Nagarajan, v. The Chairman,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2018

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.3247 of 2013 N.Nagarajan ...

Petitioner Vs 1.The Chairman, University Grant Commission, New Delhi - 110 002.

2.The Chairman, Director of Technical Education, Anna University Campus, Guindy, Chennai - 600 032.

3.The Registrar, Sastra University, Tirumalaisamudram, Thanjavur District.

4.The Principal, Sastra University, Tirumalaisamudram, Thanjavur District.

...

Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to set aside the order passed by the third respondent through its letter dated 14.12.2011 rejecting the return of fee paid by the petitioner's daughter vide receipt No.120126 dated 22.09.2011 and consequently, direct the third respondent to return a sum of Rs.2,83,000/- which was paid to the third respondent vide receipt No.120126 dated 22.09.2011 in accordance with law. For Petitioner : Mr.C.D.Johnson For R1 : Mr.P.R.Gopinathan For R2 : Mr.C.Munusamy, SGP (Edn) For R3 & R4 : Mr.Niranjan Rajagopalan for M/s.G.R.Associates

ORDER

This writ petition has been filed challenging the communication dated 14.12.2011 issued by the third respondent, whereby, the request of the petitioner to refund the course fee of Rs.2,83,000/- paid by him, was rejected.

2.However, when the matter was taken up for consideration, the learned counsel for the petitioner as well as the learned counsel for the respondents 3 and 4 jointly submitted that during the pendency of this writ petition, the parties have arrived at a settlement with regard to the dispute between them. They have also filed a joint memo dated 23.02.2018 to that effect.

3.The terms and conditions of the joint memo dated 23.02.2018 filed on behalf of the parties, read as follows: "It is submitted that the above writ petition was filed for a Writ of Certiorarified Mandamus against the 3rd and 4th respondents for a refund of Rs.2,83,000/- paid towards them by the petitioner. The respondent without prejudice to its contentions in the case, on humanitarian considerations, consent to refund 50% of the fees received as stated above, which is Rs.1,41,500/-. The petitioner is willing to accept the above said amount and withdraw the claims and the writ petition against the 3rd and 4th respondents. The said amount shall be paid by the 3rd and 4th respondents by way of demand draft on the date of withdrawal of writ petition.

It is prayed that this Hon'ble Court may be pleased to take the above Joint Memo on record, pass appropriate orders and thus render justice." 4.In view of the above, this Court is of the opinion that nothing survives for adjudication. Hence, recording the aforesaid joint memo dated 23.02.2018 filed on behalf of the parties, this writ petition stands closed. No costs. Sd/- Assistant Registrar(CS-iii) //True Copy// Sub Assistant Registrar

rk To 1.The Chairman, University Grant Commission, New Delhi - 110 002.

2.The Chairman, Director of Technical Education, Anna University Campus, Guindy, Chennai - 600 032.

W.P.No.3247 of 2013 pa(CO) TR(27/03/2018)