Madras High CourtWP(MD)/5420/2021disposed of

Karthik.A v. The District Collector,

2021-04-29Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :29.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH A.Karthik : Petitioner Vs.

1. The District Collector, Madurai, Madurai District.

2. The Special Sub-Collector, District Collector Office, Madurai, Madurai District.

3. The Chief Education Officer, Madurai, Madurai District.

4. The District Education Officer, Thirumangalam, Madurai District.

5. The Headmaster, M.N.U.Jayaraj Nadar Boys Higher Secondary School, Nagamalai Pudukkottai, Madurai.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the fifth respondent to include the petitioner in the list of beneficiaries and grant him free laptop under the G.O.(MS).No.9, Special Programme Implementation Department Scheme for distribution of laptop computer in the light of the petitioner's representation, dated 04.01.2020.

For Petitioner : Mr.S.G.L.Rishwanth For R-1 to R-4 : Mr.J.Gunaseelan Muthiah Additional Government Pleader

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the fifth respondent to include the name of the petitioner in the list of beneficiaries for grant of free laptop under the G.O.(MS).No.9, Special Programme Implementation Department Scheme, dated 01.11.2019.

2. When the matter was taken for hearing today, the learned Additional Government Pleader appearing for the respondents 1 to 4 brought to the notice of this Court the written instructions received from the fourth respondent. The learned Additional Government Pleader submitted that the petitioner had given two bonafide certificates containing two different signatures of the Member of the Institute and therefore, suspecting the genuineness of 1/3

the certificate, the petitioner was not given the benefit under the Government Order.

3. The learned counsel appearing on behalf of the petitioner submitted that the petitioner had initially given the bonafide certificate on 19.11.2019 and the fifth respondent, on receipt of the same, wanted the petitioner to specifically get the approval number in the bonafide certificate and submit a fresh certificate. Accordingly, the petitioner got the approval number incorporated in the bonafide certificate and the subsequent certificate, dated 17.12.2019, was presented before the fifth respondent. The learned counsel appearing on behalf of the petitioner submitted that there was absolutely no ground to suspect the certificate and if at all the fourth respondent had any suspicion, he could have always verified the same with the concerned Institute and got the clarification.

4. Heard Mr.S.G.L.Rishwanth, learned counsel appearing on behalf of the petitioner and Mr.J.Gunaseelan Muthiah, learned Additional Government Pleader appearing on behalf of the respondents.

5. Taking into consideration the facts and circumstances of the case and the limited plea raised by the learned counsel appearing for the petitioner, there shall be a direction to the fifth respondent to act upon the bonafide certificate that was submitted by the petitioner on 17.12.2019. If the fifth respondent wants to get any clarity on the bonafide certificate, he can always seek for the information from the concerned Institute and thereafter, act on the application submitted by the petitioner.

6. The petitioner is directed to make a fresh representation to the fourth respondent along with all the relevant documents and also a copy of this order. The fourth respondent shall act upon the same and complete the process within a period of four (04) weeks from the date of receipt of a copy of this order.

7. The Writ Petition stands disposed of with the above directions. No costs.

Sd/- Assistant Registrar(P & A) // True Copy // / /2021 Sub Assistant Registrar(CS) Tsg 2/3

NOTE:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

1. The District Collector, Madurai, Madurai District.

2. The Special Sub-Collector, District Collector Office, Madurai, Madurai District.

3. The Chief Education Officer, Madurai, Madurai District.

4. The District Education Officer, Thirumangalam, Madurai District.

+1 CC to M/s.SPL GP ( SR-18261[F] dated 30/04/2021 ) Order made in Dated: 29.04.2021 PM(CO) TR(07.06.2021) 3P 6C 3/3