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Madras High CourtWP/32263/2022disposed of with direction

R.V.S.Padmavathy College Of Engineering And Technology v. The Government Of Tamil Nadu

2026-03-27Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-03-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI and WMP No.31661 of 2022 R.V.S.Padmavathy College of Engineering and Technology Rep. by its Principal, No. 13, Senthilpakkam Village, Peppamari Kuppam Post Rosa Nagaram Gummudipoondi Taluk Thiruvallur District ..Petitioner Vs

1. The Government of Tamil Nadu Represented by its Secretary to Government Adi Dravida and Tribal Welfare Department Fort St George Chennai 600 001

2. The District Welfare Officer Adi Dravida and Tribal Welfare department Tiruvallur District ..Respondents Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, calling for the records relating to order passed by the 2nd respondent in Na.Ka No. J2 / 32836 / 2022 dated 17.10.2022 and the

consequential proceedings in Na.Ka.No. J2 / 32836 / 2022 dated 07.11.2022 and to quash the same.

For Petitioner:

Mr.R.Suresh Kumar for M/s.K.M.Vijayan Associates For Respondents:

Mr.T.M.Rajangam Government Advocate

ORDER

This petition has been filed challenging the impugned order passed by the 2nd respondent in Na.Ka No. J2/32836/2022 dated 17.10.2022 and the consequential proceedings in Na.Ka.No. J2/32836/2022 dated 07.11.2022 and to quash the same.

2.The case of the petitioner is that the petitioner college is a self financing institution. The college has now been closed. While, it was operational, the petitioner college admitted students from both the Scheduled Caste and Scheduled Tribe communities for the academic years 2014-15 and 2015-2016. For these students, the petitioner college collected scholarships from the Government. Subsequently, the College was closed. However, in 2019, the Local Fund Audit raised an objection, alleging that the petitioner college had

collected both management fees from students and government scholarships, thereby causing a loss to the Government to the tune of Rs.47,40,000/-. Thereafter, the 2nd respondent passed the impugned orders dated 17.10.2022 and 07.11.2022 directing the petitioner institution to remit the said sum of Rs.47,40,000/-. Challenging the same, the present writ petition has been filed. 3.The learned counsel for the petitioner would submit that the petitioner was neither furnished with the objections raised by the Local Fund Audit nor issued a show-cause notice prior to the passing of the impugned orders. The impugned orders were passed without affording an opportunity of hearing, which are not sustainable in law and the same are liable to be quashed. Accordingly, he prayed for appropriate orders. 4.

This Court perused the impugned order as well as the counter affidavit filed by the 2nd respondent. On perusal of the same, it is evident that no opportunity of hearing was afforded to the petitioner which constitutes a clear violation of the principles of natural justice. On this sole ground, the impugned orders dated 17.10.2022 and 07.11.2022 are set aside and the matter is remanded back to the 2nd respondent.

including the Local Fund Audit objection report, to enable the petitioner to submit a reply within a period of two weeks from the date of receipt of a copy of this order. Upon receipt of such show cause notice, the petitioner shall submit its explanation to the 2nd respondent within a period of two weeks. Thereafter, the 2nd respondent is directed to pass appropriate orders on merits and in accordance with law, within a period of six weeks. 5.With the above directions, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

27-03-2026 Index: Yes/No Speaking/Non-speaking order Uma

To

1. The Secretary to Government Adi Dravida and Tribal Welfare Department Fort St George, Chennai 600 001

2. The District Welfare officer Adi Dravida and Tribal Welfare department Tiruvallur District

M.DHANDAPANI, J.

Uma WP No. 32263 of 2022 and WMP No.31661 of 2022 27-03-2026