Minor D.K.Suriyaprabha v. The Commissioner Of Technical
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.09.2016
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.30603 of 2016 Minor D.K.Suriyaprabha Rep by her natural guardian D.Durairaj ... Petitioner Vs.
1.The Commissioner of Technical Education, Directorate of Technical Education, Guindy, Chennai-25.
2.The Registrar, Anna University, Chennai-25.
3.The Principal, Vivekananda College of Engineering for women, Elayampalayam, Tiruchengode Taluk, Namakkal District.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to handover all the original certificates namely Secondary Education mark statement [10th], Higher Secondary Education Mark statement [+2], Transfer Certificate, Community Certificate, Nativity Certificate, First Graduation Certificate, Conduct Certificate and Income Certificate vested with the 3rd respondent which was handed over by the petitioner's daughter at the time of admission by considering the petitioner's daughter's representation dated 27.08.2016.
For Petitioner : Mr.A.Saravanan For 1st Respondent : Mr.K.Thangapandi, Government Advocate For 2nd Respondent : Mr.L.P.Shanmugasundaram,
O R D E R
By consent, the writ petition is taken up for final disposal.
2.The grievance expressed by the petitioner is that at the time of admission of Bachelor of Engineering in the third respondent-College, she has submitted all the original testimonials and since, she got admission in Sri Ramakrishna College of Nursing, Coimbatore, she intend to join the same and for that purpose, she requires copies of the testimonials, Transfer, Conduct and Character Certificates and since it has not been furnished by the third respondent, came forward to file this Writ Petition.
3.When the Writ Petition was listed on 01.09.2016, this Court heard the submissions of Mr.K.Thangapandi, who accepted notice on behalf of the 1st respondent and Mr.L.P.Shanmugasundaram, learned counsel who accepted notice on behalf of the 2nd respondent and this Court permitted the petitioner to send communication to the third respondent as to the listing of the matter on 02.09.2016 [today] by e-mail as well as by fax. Accordingly, the learned counsel appearing for the petitioner sent an e-mail to the third respondent and on instructions, would submit that the third respondent has agreed to return all the original certificates and appropriate orders may be passed.
4.This Court heard the submissions of Mr.K.Thangapandi, appearing for the 1st respondent and Mr.L.P.Shanmugasundaram, learned counsel appearing for the 2nd respondent. 5.In the light of the submissions made, the Writ Petition is disposed of and the third respondent is directed to return all the original testimonials, collected from the petitioner at the time of her admission and also issue Transfer, Conduct and Character Certificates to the petitioner forthwith.
6.If the petitioner is due and payable any amount, it is open to the third respondent-College to file a civil suit before the competent forum and recover the same. No costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar To 1.The Commissioner of Technical Education, Directorate of Technical Education, Guindy, Chennai-25.
2.The Registrar, Anna University, Chennai-25.
3.The Principal, Vivekananda College of Engineering for women, Elayampalayam, Tiruchengode Taluk, Namakkal District.
+1cc to Mr.A.Saravanan, Advocate sr.49998 +1cc to the Government Pleader sr.50331 W.P.No.30603 of 2016 nm[co] srg 06/09/2016