Seenivasan. M v. The Departmentof Higher Education,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 17.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE V.PARTHIBAN M.Seenivasan ... Petitioner - Vs - 1.The Department of Higher Education, Through its Secretary, 9th Floor, EVK Sampath Buildings, College Road, Chennai - 600 006.
2.The SC and ST Welfare Department, PWD Estate, Chepauk, Triplicane, Chennai - 600 005.
3.The Regional Director, Reserve Bank of India, Federal Reserve Bank in Chennai, No.16, Rajaji Salai, Fort Glacis, Chennai - 600 001.
4.The Branch Manager, Karur Vysya Bank, Paramakudi Branch, Paramakudi.
5.The Correspondence, Ganapathy Chettiar Engineering College, Muthukulathur Road, Melakavanur, Paramakudi, Ramanathapuram.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents herein to consider the representation within a period as fixed by this Court.
For Petitioner : Mr.N.Thamizharasan For Respondents : Mr.R.Murugan Additional Government Pleader ***
ORDER
The case of the petitioner herein is that he was a undergraduate student of fifth respondent college in Engineering course during the year 2016-2019. According to the petitioner, he never applied for any scholarship and during his study in the 1/3
college, no scholarship was given to him.
2.While so, when the petitioner attempted to open an account in the fourth respondent bank in March, 2020, he came to know that there was already a bank account in his name and the account had been active. The bank officials informed the petitioner that there was a deposit in his account towards SC/ST scholarship. According to him, without his knowledge, an account was opened by unknown persons and therefore, challenging that bogus account, the petitioner is before this Court.
3.This Court is unable to appreciate as to how the petitioner could maintain this Writ Petition and at his instance a Writ of Mandamus could be issued as prayed for by the petitioner. In case, there is any fraudulent opening of account, it is always open to the petitioner to move the appropriate police and prefer a complaint and he can further pursue his complaint both with the police and with the banking authority. However, without choosing to have recourse to the proper remedies, the petitioner has conveniently moved this Court seeking issuance of Writ of Mandamus.
4.The jurisdiction of the Writ Court cannot be available for redressing the grievance of the petitioner as projected in this Writ Petition and the proper remedy for the petitioner is to have recourse to police complaint and pursue his grievance with the bank officials towards taking forward his complaint and it is certainly not open to him to approach this Court and invoke extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.
5.Therefore, the Writ Petition is dismissed as not maintainable. No costs.
Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) SRM To 1.The Department of Higher Education, Through its Secretary, 9th Floor, EVK Sampath Buildings, College Road, Chennai - 600 006.
2.The SC and ST Welfare Department, PWD Estate, Chepauk, Triplicane, Chennai - 600 005.
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3.The Regional Director, Reserve Bank of India, Federal Reserve Bank in Chennai, No.16, Rajaji Salai, Fort Glacis, Chennai - 600 001.
4.The Branch Manager, Karur Vysya Bank, Paramakudi Branch, Paramakudi.
5.The Correspondence, Ganapathy Chettiar Engineering College, Muthukulathur Road, Melakavanur, Paramakudi, Ramanathapuram.
+1 CC to M/s.SPL GP ( SR-6181[F] dated 19/02/2021 ) W.P(MD)No.2993 of 2021 17.02.2021 na(CO) KK(26.02.2021) 3P 7C 3/3