Madras High CourtWP(MD)/2919/2018allowed

S.S.Shyju v. The Registrar

2018-07-17Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.2919 of 2018 S.S.Shyju ... Petitioner vs.

1. The Registrar Anna University Chennai- 600 025.

2. The Principal Immanuel Arasar J.J College of Engineering Edavilagam, Nattalam Marthandam- 629 165 Kanyakumari District ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the second respondent to return the following original certificates of the petitioner(1)10th Mark statement, (2)12th std Mark Statement,(3) Transfer certificate,(4)Conduct Certificate and (5) Migration Certificate to the petitioner.

For Petitioner :

Mr.T.Antony Arul Raj For Respondent No.1 :

Mr.M.Rajarajan No.2 : No appearance

O R D E R

The prayer in the writ petition is for issuance of a writ of mandamus directing the second respondent's college to return the petitioner's original certificates.

2. According to the learned counsel for the petitioner, the petitioner had joined the B.E.Civil Engineering Course in the second respondent college during 2013 and he had paid the entire first year fees without any arrears. At that time, he had handed over the 10th and 12th std Mark Statements, Transfer certificate,Conduct Certificate and Migration Certificate. Subsequently, owing to his father's ill health, he had discontinued the course at the end of the first year. Though the petitioner herein had made several requests to the second respondent to return the original certificates, the second respondent had refused to return the same and hence, the present writ petition has been filed. https://hcservices.ecourts.gov.in/hcservices/

3. Though notice has been served on the second respondent and his name printed in the cause list today, none appears on behalf of the second respondent.

4. It is seen that the petitioner had earlier made representation on 11.12.2017 to the second respondent to which also, the second respondent has not responded. Even in the present writ petition when notice has been served on the second respondent, there is no representation on his behalf. In view of the same, it can only be concluded that the second respondent has no remarks to offer to refute the grounds raised by the petitioner in the present writ petition. As such the petitioner would be entitled to get the original certificates from the second respondent.

5. In the result, the writ petition stands allowed with a direction to the second respondent to return the petitioner's certificates namely 10th , 12th std Mark Statement, Transfer certificate, Conduct Certificate and Migration Certificate. Such an exercise shall be made by the second respondent within a period of 3 days from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To The Principal, Immanuel Arasar J.J.College of Engineering, Edavilagam, Nattalam, Marthandam-629 165.

Kannyakumari District.

+1CC to Mr.T.Antony Arulraj Advocate in SR.No.73398. +1CC to Mr.M.Rajarajan, Advocate in SR.No.73651. AAV DS/SV/SAR-4 :20.07.2018: 2P/4C W.P.(MD) No.2919 of 2018 17.07.2018 https://hcservices.ecourts.gov.in/hcservices/