Balavignesh.S v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.06.2021 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU and W.M.P.(MD)No.7744 of 2021 S.Balavignesh ... Petitioner Vs.

1.The Secretary to Government, Department of Higher Education, St. George, Chennai.

2.The Chairman, Board of Examination, Director of Technical Examination, Chennai.

3.The Principal, KLN Polytechnic College, Kolimedu, Viraganur, Madurai.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents to accept the examination fee from the Petitioner with Register No.12206918 as per the notification by the Second Respondent in Letter No. DOTE/CC/EVEN SEM/2021 dated 01.06.2021 and allow the Petitioner to appear in the subsequent examination based on the representation dated 09.06.2021.

For Petitioner : Mr. S.Ramsundarvijayraj For Respondents : Mr. P.Thilakkumar, Counsel on behalf of the Government of Tamil Nadu

ORDER

(though video conference) Learned Counsel for the Petitioner has filed a memo dated 11.06.2021 which reads as follows:- "1.

It is submitted that the Writ Petitioner herein filed a Writ of Mandamus directing the Respondents to accept the examination fee from the Petitioner with Reg. No.12206918, as per the notification by the Second Respondent in Letter No.DOTE/CC/EVEN SEM/2021, dated 1/3

01.06.2021 and allow the Petitioner to appear in the subsequent examination based on the representation dated 09.06.2021.

2.

It is submitted that the Petitioner is a Diploma student of the academic year 2012-14 and by the Second Respondent notification in Letter No.DOTE/CC/EVEN SEM/2021 dated 01.06.2021, the Second Respondent herein have been accepting the examination fee from the academic year 2015 to write examination. Hence, being deprived to write examination the Petitioner filed the above petition.

3.

It is submitted that subsequent filing of this Writ Petition on 09.06.2021, the Second Respondent by the notification have given a grace time for paying the examination fee and to write examinations for the academic year 2012-14 and the Petitioner paid the fee on 10.06.2021. Hence, the further proceedings of this Writ Petition is not necessary as per the order of the Second Respondent and thus the Writ Petition is infructuous. It is therefore prayed that this Hon'ble Court may be pleased to record this memo in W.P.(MD)No.10032/2021 and thus render justice."

In view of the subsequent events, nothing remains for further consideration in the Writ Petition.

Recording the same, the Writ Petition is disposed. Consequently, the connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) 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.

Vsm/SRM 2/3

To 1.The Secretary to Government, Department of Higher Education, St. George, Chennai.

2.The Chairman, Board of Examination, Director of Technical Examination, Chennai.

+1 CC to M/s.SPLGP ( SR-19277[F] dated 14/06/2021 ) +1 CC to M/s.S.RAMSUNDARVIJAYRAJ, Advocate ( SR-19257[F] dated 14/06/2021 ) W.P. (MD) No. 10032 of 2021 and W.M.P. (MD) No. 7744 of 2021 11.06.2021 GS (28.06.2021) 3P 5C 3/3