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Madras High CourtWP(MD)/6587/2018disposed of

Nadar Mahajana Sangam v. All India Council For

2020-08-03Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Nadar Mahajana Sangam Rep by Karikolraj General Secretary No.2, South Chithirai Street, Madurai-625 001.

.. Petitioner Vs.

1.All India Council for Technical Education, Rep by Advisor-I, Approval Bureau, JNU Campus I, Nelson Mandela Marg, Vasant Kunj, New Delhi-110 067.

2.The Regional Officer, Southern Regional Office, All India Council for Technical Education, "Shastri Bhavan"

No.26, Haddows Road, Nungambakkam, Chennai-600 006.

3.The Commissioner, Directorate of Technical Education, Guindy, Chennai.

... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to correct the name of the Educational Agency of M.S.P.Velayutha Nadar Lakshmithaiammal Polytechnic College, Pavoorchathiram, Tenkasi Taluk, Tirunelveli District, as Nadar Mahajana Sangam instead of M.S.P Velayutha Nadar Charities Trust by considering the representation of the petitioner dated 24.01.2018 by affording an opportunity of hearing within the time frame that may be fixed by this Court.

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For Petitioner : Mr.S.C.Herold Singh for T.Jeen Josephg For R1 & R2 : Mr.N.Dilipkumar For R3 : Mr.M.Pandiarajan Additional Government Pleader

O R D E R

This Writ Petition is filed to direct the respondents to correct the name of the Educational Agency of M.S.P.Velayutha Nadar Lakshmithaiammal Polytechnic College, Pavoorchathiram, Tenkasi Taluk, Tirunelveli District, as Nadar Mahajana Sangam instead of M.S.P Velayutha Nadar Charities Trust, by considering the representation of the petitioner dated 24.01.2018 by affording an opportunity of hearing.

2.Heard Mr.S.C.Herold Singh, learned counsel appearing for the petitioner, Mr.N.Dililpkumar, learned counsel appearing for the first and the second respondents and Mr.M.Pandirajan, learned Additional Government Pleader appearing for the third respondent. 3.According to the petitioner, the petitioner Sangam is a registered Sangam under the Societies Registration Act. The said Sangam is running 24 Educational Institutions of various fields in the economically backward rural areas. For construction of an educational institution at Tenkasi Taluk, the petitioner Sangam required some acres of land. At that time, one M.S.P.Velayutha Nadar Charities, made a resolution to donate and hand over some acres of land to the petitioner Sangam. Thereafter, the Government granted an approval to the petitioner Sangam.

In such circumstances, the correspondence of the College has requested the General Secretary of the petitioner Sangam to hand over the original land documents to the college Record Clerk for submitting before inspection and the same was handed over. Thereafter, in the year 2013, the petitioner has found that the name of the Educational Agency of the said College as M.S.P.Velayutha Nadar Charities Trust instead of the petitioner Sangam. In this regard, the petitioner Sangam sent a detailed representation with all necessary documents to the second respondent on 24.01.2018 to change the educational agency name from M.S.P.Velayutha Nadar Charities Trust to Nadar Mahajana Sangam. Since no effective steps were taken, the petitioner is before this Court. 4.

The learned counsel appearing for the petitioner submitted that it would suffice if the representation made by the petitioner dated 24.01.2018 is directed to be considered by the respondents.

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5.In the light of the aforesaid submissions, this Court, without expressing any opinion on merits, is inclined to direct the respondents to consider the petitioner's representation dated 24.01.2018 and pass orders on merits and in accordance with law as expeditiously as possible, preferably within a period of twelve

(12) weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(AD-II) // True Copy // / /2020 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.

To 1.The Advisor-I, All India Council for Technical Education, Approval Bureau, JNU Campus I, Nelson Mandela Marg, Vasant Kunj, New Delhi-110 067.

2.The Regional Officer, Southern Regional Office, All India Council for Technical Education, "Shastri Bhavan"

No.26, Haddows Road, Nungambakkam, Chennai-600 006.

3.The Commissioner, Directorate of Technical Education, Guindy, Chennai.

+1 CC to M/s.N. DILIPKUMAR, Advocate ( SR-13628[F] dated 05/08/2020 ) 03.08.2020 srk(CO) TR(17.08.2020) 3P 5C 3/3