Ramasamy.R v. State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2023

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and WMP(MD)No.14238 of 2021 R.Ramasamy ... Petitioner Vs

1. The State of Tamil Nadu, Rep. by the Principal Secretary, Department of Higher Education, Secretariat, Chennai-9.

2. The Director of Collegiate Education, DPI Campus, College Road, Chennai-600006.

3. The Joint Director of Collegiate Education, DPI Campus, College Road, Chennai-600006.

4. The Principal, Devanga Arts College, Aruppukottai, Virudhunagar District -626101.

5. Essakithurai

6. C.Thinakaran ... Respondents 1/5

Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the Respondent No.2 to initiate suitable action against the Respondent No.5 and 6 for diverting the funds of the 4th Respondent College in violation of the Section 29 of the Tamil Nadu Private Colleges (Regulation) Act,. 1976 and the Rule 20 of the Tamil Nadu Private Colleges (Regulation) Rules, 1976 and to collect and deposit the income received from the Vehicle Parking Stand of the 4th Respondent College situated in No.6, Railway Station Road, Aruppukottai, Virudhunagar District in the Accounts of the 4th Respondent College within the time period stipulated by this Court.

For Petitioner : Mr. T. Lajapathi Roy For Respondents : Mr.P.T.Diravyam (R1 to R3) Government Advocate Mr.M.Senthil Kumar (R4, R5)

O R D E R

This Writ Petition has been filed for the issue of a writ of mandamus directing the second respondent to act upon the complaint given by the petitioner against the fifth and sixth respondents, on the ground that they are diverting funds of 4th respondent's college without depositing the income received from the Vehicle Parking Stand into the accounts of 4th respondent's College.

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2.Heard, the learned counsel appearing for the petitioner, the learned Government Advocate appearing for the respondents 1 to 3 and the learned counsel appearing for the respondents 5 and 6. 3.It is brought to the notice of this Court that College is now under the direct management of the second respondent. In view of the same, it is left open to the second respondent to make an enquiry on the representation made by the petitioner on 09.09.2021, after affording opportunity to all the interested parties. Ultimately, decision shall be taken by the second respondent within a period of eight weeks, from the date of receipt of copy of this order.

4.Accordingly, this writ petition stands disposed of in the above terms. No costs. Consequently, connected miscellaneous petition is closed.

08.11.2023 NCC : Yes/No Internet : Yes/No 3/5

Index : Yes/No PNM To

1. The Principal Secretary, Department of Higher Education, Secretariat, Chennai-9.

2. The Director of Collegiate Education, DPI Campus, College Road, Chennai-600006.

3. The Joint Director of Collegiate Education, DPI Campus, College Road, Chennai-600006.

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N.ANAND VENKATESH, J.

PNM ORDER IN and WMP(MD)No.14238 of 2021 08.11.2023 5/5