S.Thirumani, v. The Director Of Legal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.16897 of 2018 S.Thirumani ... Petitioner vs.

1.The Director of Legal Studies Disciplinary Appellate Authority, Tamil Nadu Dr.Ambedkar Law University, Purosaivakkam High Road, Chennai-600 010.

2.The Principal, Government Law College, Trichy-23.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondent No.1 and 2 to consider the petitioner's representation dated 26.06.2018 and to readmit the petitioner in III Year B.A.,B.L., Degree course for continuing law degree course at the second respondent college. For Petitioner :

Mr.R.Karunanidhi For Respondents :

Mr.J.Gunaseelan Muthiah Additional Government Pleader for R1

ORDER

Mr.J.Gunaseelan Muthiah, learned Additional Government Pleader, takes notice for the first respondent. Notice to the second respondent is dispensed with in view of nature of the order to be passed by this Court.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. It is the grievance of the petitioner that his representation dated 26.06.2018 seeking to readmit him in III Year B.A.B.L., Degree Course for continuing the law degree course in the second respondent - College, has not been considered by the first respondent till date and therefore, he has filed the present writ petition.

4. This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature https://hcservices.ecourts.gov.in/hcservices/

is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the first respondent to consider the petitioner's representation dated 26.06.2018 on its own merits and take further action in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.

6. With the above directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar(CS-IV) To:

1.The Director of Legal Studies, Disciplinary Appellate Authority, Tamil Nadu Dr.Ambedkar Law University, Purosaivakkam High Road, Chennai-600 010.

2.The Principal, Government Law College, Trichy-23.

+1CC to Mr.R.Karunanidhi Advocate in SR.No.76060. +1CC to Special Government Pleader in SR.No.76257. KRK DS/SKN-RSK/SAR-4 :03.08.2018: 2P/5C W.P.(MD) No.16897 of 2018 31.07.2018 https://hcservices.ecourts.gov.in/hcservices/