Madras High CourtWP(MD)/14958/2017disposed of

Syed Abuthahir, v. The Correspondent,

2018-01-10Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.14958 of 2017 Syed Abuthahir ... Petitioner Vs.

1.The Corresspondent, Fatima Michael College of Engineering & Technology, Sivagangai Main Road, Near Poovandhi, Madurai.

2.The Registrar, Anna University, Sardhar Patel Road, Chennai-25.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent No.1 to return the petitioner's 10th mark Sheet, 12th mark Sheet and Transfer Certificate, Character Certificate, Community Certificate to the petitioner.

(Prayer is amended vide Court order dated 12.12.2017 in W.M.P.(MD)No.17357 of 2017) For Petitioner : Mr.R.Venkatesan For Respondents : Mr.M.Rajarajan (for R2) Mr.V.Panneer Selvam (for R1)

ORDER

This Writ Petition has been filed for a direction to the first respondent to return the 10th mark Sheet, 12th mark Sheet and Transfer Certificate, Character Certificate, Community Certificate to the petitioner.

2.The petitioner made a representation to the respondents to return the 10th mark Sheet, 12th mark Sheet and Transfer Certificate and other certificates to him on 02.08.2017. Since the respondents refused to give the same to the petitioner, the petitioner has filed the present Writ Petition.

3.Today, when the matter is taken up for hearing the learned counsel for the first respondent submitted that the petitioner did https://hcservices.ecourts.gov.in/hcservices/

not pay the tuition fees as well as the transport fees and there is due of Rs.57,000/- out of which the petitioner has paid only Rs.6,000/-.

4.This Court has already held that the certificates of the students cannot be withheld by the institution because of non payment of tuition fees. In the above circumstances, the petitioner is directed to file an application before the first respondent seeking for return of certificates and on receipt of such application the first respondent is directed to consider the application of the petitioner and return the certificates of the petitioner to him. If the respondents have any grievance regarding non-payment of dues, it is always open to them to take appropriate proceedings to recover the amount from the petitioner in the manner known to law.

5.With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CSIII) /True Copy/ Sub-Assistant Registrar To The Registrar, Anna University, Sardhar Patel Road, Chennai-25.

+One cc to Mr.R.Venkatesan, Advocate, SR.No.41666 +One cc to Mr.M.Rajarajan, Advocate, SR.No.42002 +One cc to Mr.V.Panneer Selvam, Advocate, SR.No.41868 ta RL/5C/2P/SV/MMS/SAR4/13/2/2018 W.P(MD)No.14958 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 10.01.2018