Dr.S.N.Ramasamy v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.11.2024
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR S.N.Ramasamy ... Petitioner vs.
1.The Secretary, Education Science and Technology Department, Fort St. George, Chennai - 9.
2.The Directorate of Technical Education "H Section", Guindy, Chennai - 600 025.
3.The Regional Officer/Southern Office, AICTE, Shastri Bhavan, 26, Haddows Road, Nungambakkam, Chennai - 600 006.
4.The Deposit Manager, Tamilnadu Transport Development Finance Corporation, No.2, Wallajah Road, Tamilnadu Tourism Complex, 4th Floor, Chennai - 600 002.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 2nd respondent to grant 1/6
permission to close the Endowment Deposit in deposit No.A517349 now lying with the 3rd respondent, and order return of the fixed deposit amount o the petitioner herein in the interest of justice. For Petitioner : Mr.V.K.Sathiamurthy For R1 and R2 : Mr.U.Baranidaran Additional Government Pleader
O R D E R
By consent of both the learned counsel appearing for the petitioner as well as respondents 1 and 2, this writ petition is disposed of at the admission stage itself.
2. The petitioner herein seeks a direction to the 2nd respondent to grant permission to close the Endowment Deposit in Deposit No.A517349 by 3rd respondent and return of the said deposit amount to the petitioner.
3. It is the case of the petitioner that Anjalai Ammal - Mahalingam Engineering College, Kovilvenni, Tiruvarur District, made a Endowment Deposit of Rs.10,00,000/- with the Tamil Nadu Transport Development 2/6
Finance Corporation Ltd., on 05.08.1995, at the time of inception of the College, as per the requirement of rules. It is further stated that as per the relevant rules, after expiry of 8 years, the endowment deposit shall be closed and petitioner is entitled to return of endowment deposit amount. Even after expiry of 28 long years, the deposit made by the petitioner's college has not been returned to the petitioner. Hence, a representation has been made on behalf of the petitioner College on 17.05.2024 before the 2nd respondent seeking return of the endowment deposit. The said representation has not been considered by the 2nd respondent till date. Hence, the petitioner has come before this Court.
4. Mr.U.Baranidaran, learned Additional Government Pleader, who is taking notice for the respondents 1 and 2 would submit that the petitioner has not produced any acknowledgement for having submitted the representation before the 2nd respondent. The learned Additional Government Pleader further submit that if the petitioner is directed to submit a fresh representation, the request of the petitioner will be considered by the 2nd respondent on its own merits and in accordance with law, within the time fixed by this Court.
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5. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to direct the petitioner to submit a fresh representation before the 2nd respondent within a period of two weeks from the date of receipt of copy of this order. The 2nd respondent shall consider the same and pass final orders on its own merits and in accordance with law, within a further period of six weeks from the date of receipt of such representation.
6. With the above direction, the Writ Petition stands disposed of. No costs.
08.11.2024 Index : Yes/No Speaking order:Yes/No dm 4/6
To 1.The Secretary, Education Science and Technology Department, Fort St. George, Chennai - 9.
2.The Directorate of Technical Education "H Section", Guindy, Chennai - 600 025.
3.The Regional Officer/Southern Office, AICTE, Shastri Bhavan, 26, Haddows Road, Nungambakkam, Chennai - 600 006.
4.The Deposit Manager, Tamilnadu Transport Development Finance Corporation, No.2, Wallajah Road, Tamilnadu Tourism Complex, 4th Floor, Chennai - 600 002.
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S.SOUNTHAR, J.
dm 08.11.2024 6/6