J.Rajendira Prasad v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.10.2023

CORAM:

THE HON'BLE DR.JUSTICE G. JAYACHANDRAN and W.M.P.No.28634 of 2023 J.Rajendira Prasad Petitioner Vs.

1.

The Commissioner of Police, Salem, Salem District.

2.

The Assistant Commissioner of Police, Ashampatti Police Station, Salem - 636 007.

3.

The Inspector of Police, Kannakurichi Police Station Salem - 636 008.

4.

The Sub-Inspector of Police, Kannakurichi Police Station Salem - 636 008.

5.

Chowdry Prakash.

Respondents 1/4

Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking for a writ of Mandamus forbearing the respondents 2 to 4 from interfering with the administration of Petitioner's college viz.,M/s.Jayaram Arts and Science College, (Co-Education), Chinna Thirupathi, Salem-8, either on the basis of false complaint made by the 5th Respondent, threatening or in any other manner except due process of law. For petitioner Mr.B.Manimaran For RR 1 to 4:

Mr.S.Udaya Kumar Government Advocate (Crl.Side)

O R D E R

The college management which has withheld the certificates of the fifth respondent, a former student, who is alleged to have paid a fee of Rs.52,000/-, is before this Court seeking a direction that police should not harass them and interfere with the affairs of the college management, without due process of law.

The course of the fifth respondent was over in 2021 and the petitioner management cannot get rid of bona fide demands of the former 2/4

student seeking return of his credentials. If the management is of the view that the former student has to pay money, it has to be recovered in the manner known to law and not by withholding his certificates. Therefore, the prayer sought is not maintainable.

In the result, this writ petition is dismissed. No costs. Connected writ miscellaneous petition is closed.

09.10.2023 vca Internet : Yes/No Index : Yes/No To:

1.The Commissioner of Police, Salem, Salem District.

2.The Assistant Commissioner of Police, Ashampatti Police Station, Salem - 636 007.

3.The Inspector of Police, Kannakurichi Police Station Salem - 636 008.

4.The Sub-Inspector of Police, Kannakurichi Police Station Salem - 636 008.

3/4

5.The public Prosecutor High Court Madras.

DR.G. JAYACHANDRAN, J.

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