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Madras High CourtWP/8055/2016closed

Ganesh Kumar @ Joseph Colman v. Mohamed Sathak A.J.Academy Of

2016-11-04Honourable Mr Justice B. Rajendran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.11.2016

CORAM:

THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P.No.8055 of 2016 & W.M.P.No.7168 of 2016 Ganesh Kumar @ Joseph Colman ..

Petitioner Vs.

1. Mohamed Sathak A.J.Academy of Architecture Represented by its Chairman 34, Siruseri, SIPCOT (IT) Egattur, Rajiv Gandhi Salai (OMR Road), Kancheepuram District, Pin Code - 603 103.

2. The Dean, Mohamed Sathak A.J.Academy of Architecture 34, Siruseri, SIPCOT (IT) Egattur, Rajiv Gandhi Salai (OMR Road), Kancheepuram District, Pin Code - 603 103.

3. Anna University, Represented by the Registrar, Guindy, Chennai - 600 025.

4. University Grants Commission, Bahadur Shah Zafar Marg, New Delhi - 110 002.

..

Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus to direct the first and second respondents not to unreasonable insist the petitioner to pay management fee (capitation fee) for the second time, having already collected in the year 2013 at the time of admission of the petitioner's daughter Monica Joseline, G in the first year B.A.arch, in the 1st respondent.

For Petitioner : Mr.M.Nallathami For Respondents : *Mr.Mr.A. Sirajudeen and Mr.A.Shaik Pareeth for the Respondents 1 & 2 Mr.M.Vijayakumar - R3 Mr.P.R.Gopinathan - R4

ORDER

Heard the learned counsel for the petitioner and the learned counsel for the respondents.

2. The case of the petitioner that his daughter, who was studying III year B.A. Arch in the 1st respondent educational institution, was prevented from attending the college from the forenoon of 22.2.2016 by the second respondent on the instructions of the first respondent for non payment of capitation fee of Rs.80,000/- along with the tuition fee as per the norms of the third respondent. Hence, the petitioner has come forward with the present Writ Petition to allow his daughter to attend class of III year B. Arch Course in the first respondent institution and for appearing for the ensuing examinations and to allow her to peacefully compete her course of five years.

3. Today, when the matter was taken up, the learned counsel for the first and second respondents submitted that this Writ Petition is liable to be dismissed, as the daughter of the petitioner is a major at the time of filing of this Writ Petition, petitioner is not entitled to file the present Writ Petition on behalf of his daughter. He further submitted that the respondents are not demanding any capitation fee from the daughter of the petitioner and she has to pay huge amount of arrears of fees as per their records and they are not collecting any extra fee as stated by the petitioner and hence prayed for dismissal of this Writ Petition.

4. Recording the submissions of the counsel for the respondents, this Writ Petition is closed. Consequently, the connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar (CS III) Dated: 25.11.2016 *Corrected as per letter dated 30.11.2016 and made in W.P.No.8055/16 Sd/ Assistant Registrar (CS III) Dated: 2.12.2016 //True Copy// Sub Assistant Registrar

To

1. The Chiarman, Mohamed Sathak A.J.Academy of Architecture To be 34, Siruseri, SIPCOT (IT) Egattur, substituted Rajiv Gandhi Salai (OMR Road), to the order Kancheepuram District, already Pin Code - 603 103.

despatched on 2.12.2016

2. The Dean, Mohamed Sathak A.J.Academy of Architecture 34, Siruseri, SIPCOT (IT) Egattur, Rajiv Gandhi Salai (OMR Road), Kancheepuram District, Pin Code - 603 103.

3. The Registrar, Anna University, Guindy, Chennai - 600 025.

4. University Grants Commission, Bahadur Shah Zafar Marg, New Delhi - 110 002.

+1cc to Mr.P.R. Gopinathan, Advocate, S.R.No.62936 +1cc to Mr.Shai K Preeth, Advocate, S.R.No.62982 +1cc to Mr. S. Nallathambi, Advocate Sr.No.63089 +1cc to Mr. M. Vijayakumar, Advocate Sr.No.63257 nm(CO) md(25/11/2016) kk 5/12 W.P.No.8055 of 2016