Diwagar. V v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD)No.6789 of 2023 V.Diwagar ... Petitioner vs.

1.The District Collector, Collectorate, Madurai-625 020.

2.The Joint Collector of Collegiate Education, Madurai Zone, Madurai - 625 002.

3.The Principal, C.S.I. College of Education with Special Education, Pasumalai, Madurai - 625 004.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the third respondent to refund the second year college fee for the sum of Rs.35,500/- in the light of the second year college fee for the sum of Rs.35,500/- in the light of the second respondent communication dated 04.11.2022 in Na.Ka.No. 11430/A3/2022 within the stipulated time as fixed by this Court. 1/5

For Petitioner :Mr.K.Muthu Ganesa Pandian For R1 and R2 :Mr.M.Ramesh Government Advocate For R3 :Mr.P.Thangam *****

O R D E R

The Writ Petition has been filed in the nature of a Mandamus seeking a direction to the third respondent, CSI College of Education with Special Education at Pasumalai, Madurai, to refund the second year college fee to the petitioner amounting to Rs.35,500/-, consequent to a communication of the second respondent/Joint Director of Collegiate Education, Madurai, dated 04.11.2022 in Na.Ka.No.11430/A3/2022. 2.Heard Mr.K.Muthu Ganesa Pandian, learned Counsel for the petitioner, Mr.M.Ramesh, learned Government Advocate for the first respondents 1 and 2 and Mr.P.Thangam, learned Counsel for the third respondent.

3.In the affidavit filed in support of the Writ Petition, it had been stated that the petitioner had completed B.Sc., Chemistry and since his father was working as a Headmaster, he had decided to enter into 2/5

Teaching profession. He had been given admission in B.Ed course for the academic year 2021-2023. Due to the circumstances in the family, the petitioner was constrained to discontinue his study in the third respondent College. He had decided to study further in another College. The fees paid was sought by him. The second respondent had issued a communication directing the third respondent to refund of the college fees.

4.A direction is given to the third respondent to return back the college fee of Rs.35,500/- collected by them to the petitioner within a period of three weeks from the date of receipt of a copy of this order and get proper acknowledgment for the same.

5.The Writ Petition stands disposed of. No costs. Index :Yes / No 09.06.2023 Internet :Yes NCC : Yes/No cmr 3/5

To 1.The District Collector, Collectorate, Madurai-625 020.

2.The Joint Collector of Collegiate Education, Madurai Zone, Madurai - 625 002.

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C.V.KARTHIKEYAN, J.

cmr Order made in W.P.(MD)No.6789 of 2023 09.06.2023 5/5