M.Thivan v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.08.2025
CORAM
THE HONOURABLE MR. JUSTICE C. KUMARAPPAN Writ Miscellaneous Petition No.33512 of 2025 in Writ Petition No.29188 of 2025 M.Thivan ... Petitioner ..Vs..
1.The State of Tamil Nadu, Represented by the Secretary to Government, Adi Dravidar Welfare Department, Secretariat, Chennai - 600 009.
2.The District Adi Dravidar and Tribal Welfare Officer, Directorate of Adi Dravidar and Tribal Welfare, Ezhilagam Annexure Building, Chepauk, Chennai - 600 005.
3.The Director, Directorate of Adi Dravidar and Tribal Welfare, Ezhilagam Annexure Building, Chepauk, Chennai - 600 005.
4.The Registrar, 1/6
5.The Dean, ... Respondents PRAYER: Writ Miscellaneous Petition filed under Article 226 of the Constitution of India, to grant an order of ad-interim direction, directing the respondents 4 & 5 to add the petitioner's name in the attendance register and mark the petitioner's presence from the month of July 2025 for the current academic year pending disposal of the present writ petition. For Petitioner : Mr.R.Jayaprakash For Respondents : Mr.K.Tippu Sultan, Government Advocate for RR1 to 3 No appearance for RR4 & 5
ORDER
The present Writ Miscellaneous Petition has been filed seeking to grant an order of ad-interim direction, directing the respondents 4 & 5 to add the petitioner's name in the attendance register and mark the petitioner's presence from the month of July 2025 for the current academic year pending disposal of the present writ petition.
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2. The learned counsel for the petitioner submits that the petitioner belongs to the Scheduled Tribe (ST) category and is currently pursuing the third year of B.COM., LL.B. (Hons) programme. It is further submitted that the petitioner obtained a scholarship for the second-year, and the scholarship for the third-year is expected to be sanctioned immediately, as the Adi Dravidar Welfare Department is in the process of approving sanction. However, the petitioner admits that there was a delay in applying for the firstyear scholarship for the academic year 2023-2024, due to which no tuition fees were paid for the academic year 2023-2024. The delay, as explained by the petitioner, was caused by practical difficulties in obtaining the on-line Community Certificate required for the application.
On account of this, the respondents 4 and 5 removed the petitioner's name from the attendance register. Therefore, the petitioner has filed the present ad-interim application seeking a direction to the respondents to include his name in the attendance register otherwise, it would cause severe hardship to him, as eligibility to appear for examinations is contingent upon the percentage of attendance recorded for the relevant academic year.
3. The learned Government Advocate appearing on behalf of the respondents 1 to 3 is present.
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4. There is no representation on behalf of the respondents 4 and 5.
5. I have considered the submissions made by the learned counsel for the petitioner and find that there is a prima facie case in the petitioner's favour. Accordingly, this Court is inclined to grant ad-interim injunction and direct the respondents 4 and 5 to include the petitioners name in the attendance register for the current academic year, untill 22.08.2025. 11.08.2025 (1/2) ssi Index : Yes Speaking Order : Yes /No 4/6
To:
1.The Secretary to Government, The State of Tamil Nadu, Adi Dravidar Welfare Department, Secretariat, Chennai - 600 009.
2.The District Adi Dravidar and Tribal Welfare Officer, Directorate of Adi Dravidar and Tribal Welfare, Ezhilagam Annexure Building, Chepauk, Chennai - 600 005.
3.The Director, Directorate of Adi Dravidar and Tribal Welfare, Ezhilagam Annexure Building, Chepauk, Chennai - 600 005.
4.The Registrar, 5.The Dean, C. KUMARAPPAN, J.
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ssi W.M.P.No.33512 of 2025 in W.P.No.29188 of 2025 11.08.2025 6/6