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Madras High CourtWP(MD)/3721/2016dismissed

T.Roji, v. The State Of Tamil Nadu,

2016-02-23Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2016 CORAM :

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Writ Petition (MD) No.3721 of 2016 T.Roji ... Petitioner Vs.

1.The State of Tamil Nadu, Rep by the Secretary, Department of Adi Dravidar and Tribal Welfare, Fort St., George, Secretariat, Chennai 9.

2.The District Collector, Collectorate, Tirunelveli District.

3.The District Adi Dravidar Welfare Officer, Department of Adidravidar and Tribal Welfare, Collectorate Campus, Tirunelveli District.

4.The Principal, St., Xavier's College of Education, Palayamkottai, Tirunelveli District.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the Respondent Nos.2 and 3 to provide Tuition Fees a sum of Rs.47,500/- (Rupees Forty Seven Thousand and Five Hundred only) to the petitioner in the light of the G.O.(Ms).No.92 dated 11.09.2012 passed by the first respondent by considering the representation dated 09.11.2015 within the time stipulated by this Court.

For Petitioner : Mr.S.Rajasekar For Respondents : Mr.M.Murugan, Government Advocate.

ORDER

The petitioner has come up with the above writ petition seeking for the issue of a writ of mandamus, to provide Tuition Fees of Rs.47,500/- (Rupees Forty Seven Thousand and Five Hundred only) to the petitioner in the light of the G.O.(Ms).No.92 dated 11.09.2012 passed by the first respondent by considering her representation dated 09.11.2015. https://hcservices.ecourts.gov.in/hcservices/

2.Heard the learned counsel appearing for the petitioner. Mr.M.Murugan, learned Government Advocate takes notice for the respondents 1 to 3.

3.It is seen from the typed set of papers filed in support of this writ petition that the said representation of the petitioner dated 09.11.2015 has been considered by the third respondent. Pursuant to the same, a letter has been addressed to the fourth respondent college directing them to submit a list of eligible candidates. The said letter was also marked to the petitioner and other candidates. Despite the same, the present writ petition has been filed.

4.Learned counsel for the petitioner submitted that the direction is sought for to the fourth respondent College to submit necessary documents to the respondents 2 and 3 enabling the petitioner to get tuition fees. However, this writ petition has been filed seeking direction only against the respondents 2 and 3. Therefore, after some arguments, learned counsel for the petitioner seeks permission of this Court to amend the prayer made in the writ petition. This Court is of the view that even such amendment is allowed, it will not serve any purpose since the entire writ petition is based on the representation given by the petitioner on 09.11.2015 which has already been considered by the respondents 2 and 3. Therefore, it is for the petitioner to follow it up with the fourth respondent college for any further relief. Accordingly, the writ petition is dismissed. No costs.

Sd/- Assistant Registrar(P&A) /True copy/ Sub Assistant Registrar To 1.The Secretary, Department of Adi Dravidar and Tribal Welfare, State of Tamil Nadu, Fort St., George, Secretariat, Chennai 9.

2.The District Collector, Collectorate, Tirunelveli District.

3.The District Adi Dravidar Welfare Officer, Department of Adidravidar and Tribal Welfare, Collectorate Campus, Tirunelveli District.

+1cc to M/s.T.Lajapathiroy, Advocate SR.No.10590/16 +1cc to special Government Pleader SR.No.10495/16 sm:SK-skn:03.03.2016:2P/6c Writ Petition (MD) No.3721 of 2016 23.02.2016 https://hcservices.ecourts.gov.in/hcservices/