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Madras High CourtWP/25932/2021disposed of

S.Sabarivasan v. The Principal

2021-12-20Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2021

CORAM:

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P.No. 25932 of 2021 S.Sabarivasan

...Petitioner

/Vs/

1. The Principal, Sandhya College of Health and Sciences, No.565, Phase-I, 16th Cross, Sathuvachari, Vellore 632 009

2. The Tamil Nadu Dr.MGR Medical University, Rep. by its Registrar, No.69, Anna Salai, Guindy, Chennai 32

...Respondents

Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying Writ of Mandamus, directing the 2nd respondent to direct the 1st respondent to return all the original certificates (Transfer Certificate SSLC Mark Sheet and HSSC Mark Sheet Community Certificate and Income Certificate) to the Petitioner by considering petitioner's representation dated 20.11.2021.

For Petitioner : Mr.G.Anandaraj For R-1 : Mr.B.V.Muralidharan For R-2 : Mr.D.Ravichandran

ORDER

The present petition has been filed seeking the issuance of a Writ of Mandamus directing the 2nd Respondent to direct the 1st respondent to return all the original documents to the petitioner by the petitioner's representation dated 20.11.2021.

2. The case of the petitioner is that the petitioner, who was pursuing 3 years course namely B.Sc. Radiography and Technology was discontinued in the 1st year of the said course due to the petitioner being irregular to classes and due to the non involvement of the petitioner in studies. However, the petitioner had paid Rs.85,000/- towards the 1st year course fee. When the petitioner approached the 1st respondent college to

issue Transfer Certificate and other original documents which were produced at the time of admission, the 1st respondent college demanded a sum of Rs.1,70,000/- from the petitioner towards the fee for remaining two years of the course, failing which the original documents will not be handed over to the petitioner. Thereafter, the petitioner made a representation dated 20.11.2021 to the 1st respondent requesting to issue Transfer Certificate and return the other original documents, however, till date no action has been taken on his representation. Hence, the present Writ Petition is filed seeking the above relief.

3. Though very many grounds have been raised, the learned counsel for the petitioner submits that it would suffice, if this Court directs the 1st respondent to return all the original documents including the Transfer Certificate to the petitioner which were produced at the time of admission of the said course without insisting any further fee from the petitioner within the time frame fixed by this Court.

4. Mr. B.V.Muralidharan, learned counsel for the 1st respondent submits that the original documents including the Transfer Certificate will be returned to the petitioner without insisting any fee from the petitioner within a period of two weeks.

5. Upon hearing the learned counsel for the petitioner and also taking note of the undertaking given by the learned counsel for the 1st respondent, this Court directs the 1st respondent to return all the original documents to the petitioner which were produced at the time of admission of the aforesaid course and also issue Transfer Certificate to the petitioner without insisting any further fee from the petitioner within a period of two weeks from the date of receipt of a copy of this order.

6. This Writ Petition is accordingly disposed of with the aforesaid direction. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

NHS To

1. The Registrar, Tamil Nadu Dr.MGR Medical University, No.69, Anna Salai, Guindy, Chennai 32 +1 CC to Mr.B.V.Muralidharan, Advocate sr 69094. W.P.No. 25932 of 2021 SVI(CO) SP(20/01/2022)