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Madras High CourtWP/18854/2023disposed of

S.Abhinaya v. The District Collector

2023-06-26Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.Nos.18099 and 18101 of 2023 1.S.Abhinaya 2.M.Poovayi 3.M.Amsavalli 4.T.Divya 5.M.Durua 6.C.Sneha 7.S.Sandhya 8.M.Maivizhi 9.R.Megala 10.D.Monisha 11.M.S.Naveena 12.M.Murugan 13.J.Jesmen 14.V.Mahalakshmi 15.R.Pallavi 16.G.Preetha 17.C.Sangeetha 18.S.Monika 19.S.Pothys 20.G.Palaniswamy ... Petitioners 1/6

Vs.

1.The District Collector, District Collector's Office, 2.The Revenue Divisional Officer, Dharmapuri District - 636 701.

3.The Tahsildhar, 4.Jayam College of Engineering and Technology Represented by its Principal Dr.M.R.Subbarayan 5.M/s.Religare Finvest Private Limited 6.The Superintendent of Police, District Police Office, 7.The Deputy Superintendent of Police, 8.The Inspector of Police, Paparapatti Police Station, Dharmapuri District - 636 809.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent Officials to consider their representation dated 20.06.2023 and safeguard their educational 2/6

rights of the petitioners studying in the fourth respondent college within a time frame as fixed by this Hon'ble Court. For Petitioners : Mr.Mukunth Senior Counsel for Mr.K.Shankar For Respondents : Mr.P.Sathish for R1 to R3, R6 to R8 Additional Government Pleader

O R D E R

W.M.P.No.18099 of 2023 filed to permit the petitioners to file the writ petition jointly is allowed, subject to payment of separate sets of court-fee by the petitioners within two weeks from the date of receipt of a copy of this order. In default of compliance, the order passed in the writ petition shall be applicable only to the first petitioner.

2.The petitioners have filed this writ petition seeking issuance of Writ of Mandamus directing the respondent Officials to consider their representation dated 20.06.2023 and safeguard the educational rights of the petitioners studying in the fourth respondent College within a time frame as fixed by this Court.

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3.The case of the petitioners is that the petitioners are the legal students of the fourth respondent College. On 21.06.2023, the petitioners and the other students of the fourth respondent College were shocked to see Circular dated 20.06.2023, informing the students that the semester exams are being cancelled and on enquiry they came to know that the fourth respondent College had borrowed money from the fifth respondent and due to the non-payment of the loan amount, as per the order of this Court dated 08.07.2022 made in W.P.No.4957 of 2020, the fifth respondent and the District Administration has not give permission to conduct exams after 26.06.2023 and hence a Circular dated 20.06.2023 was issued. Aggrieved by the same, the petitioners have filed this writ petition. 4.

The learned counsel appearing for the petitioners submitted that this Court, inorder to safeguard the educational rights of the petitioners, may grant liberty to the petitioners to approach the competent Educational Authority for conducting examination in a smooth manner, within a period of one week from the date of receipt of a copy of this order.

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5.In view of the above, grants liberty to the petitioners to approach the competent Educational Authority for their grievance. If any such representation is made by the petitioners, the concerned Educational Authority shall consider the grievance of the petitioner and shall pass appropriate orders, as expeditiously as possible. 6.The writ petition is accordingly disposed of. No costs.

Consequently, the connected miscellaneous petition is closed. 26.06.2023 pri Note: Issue order copy on 27.06.2023.

Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.The District Collector, District Collector's Office, 2.The Revenue Divisional Officer, Dharmapuri District - 636 701.

3.The Tahsildhar, 5/6

M.DHANDAPANI,J.

pri 4.The Superintendent of Police, District Police Office, 5.The Deputy Superintendent of Police, 6.The Inspector of Police, Paparapatti Police Station, Dharmapuri District - 636 809.

And W.M.P.Nos.18099 and 18101 of 2023 26.06.2023 6/6