K.Manikandan v. The Chancellor
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR K.Manikandan ... Petitioner Vs.
1.The Chancellor, Anna University, Sardar Patel Road, Guindy, Chennai.
2.The Controller of Examination, Anna University, Chennai-600 025.
3.The Director of Technical Education, Sardar Patel Road, Guindy, Chennai.
4.The Revenue Divisional Officer, Madurai, Madurai District.
5.Aadhi Dravidar Welfare Department, through its Director, Chepauk, Chennai.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the fifth respondent to disburse / pay the accrued scholarship (Mechanical Engineering Course) amount to the Petitioner on the basis of the Letter No.36009/J2/2015, dated 18.06.2019 sent by the third respondent and on the basis of the petitioner's representation dated 23.07.2019.
For Petitioner : Mr.P.Rajagopalan for Mr.R.G.Shankar Ganesh For Respondents : Mr.K.Govindarajan for R.1 and R.2 : Mr.B.Bhagavathi Government Advocate for R.3 to R.5 1/3
ORDER
Mr.P.Rajagopalan, representing learned counsel on record for writ petitioner is before this Court.
2. Mr.K.Govindarajan, learned Advocate, accepts notice on behalf of respondents 1 and 2 and Mr.B.Bhagavathi, learned Government Advocate accepts notice on behalf of the respondents 3 to 5.
3. With consent of learned counsel on both sides, main writ petition is taken up, heard out and is being disposed of.
4. The main writ petition turns on a very narrow compass, as it is one seeking mandamus qua disposal of writ petitioner's representation dated 23.07.2019 wherein writ petitioner has sought payment/disbursement of scholarship which according to the writ petitioner has accrued in his favour.
5. Notwithstanding several averments made in the affidavit filed in support of the writ petition, notwithstanding several grounds raised / contentions urged in the affidavit filed in support of instant writ petition, learned counsel for writ petitioner abridges the scope of the writ petition and submits that it will suffice if the fifth respondent is directed to dispose of the aforementioned representation of the writ petitioner, dated 23.07.2019, details of which have been alluded to supra.
6. Learned State counsel submitted that the fifth respondent is the authority who shall consider the aforementioned representation dated 23.07.2019 made by the writ petitioner (page No.23 of the typed set of papers forming part of the case file).
7. The aforesaid representation dated 23.07.2019 shall be disposed of by the fifth respondent on its own merits and in accordance with law as expeditiously as possible and in any event, within a period of eight (8) weeks from the date of receipt of a copy of this order.
8. It is made clear that in the course of the representation being considered by the first respondent, if the rights of any other third party / parties or any other third party entity / entities is / are likely to be affected, the first respondent shall give reasonable opportunity to such third party / parties or any other third party entity / entities, before disposing of the aforementioned writ petitioner's representation. Though obvious, it is made clear that this Court has not expressed any opinion or view on the merits of the matter. From the case file, it comes to light 2/3
that there is a communication from the third respondent to the fifth respondent being communication dated 18.06.2019 bearing Letter No.36009/J2/2015, which pertains to subject matter of this representation and therefore disposing by fifth respondent shall be in the light of this communication from the third respondent.
9. The proceeding / order of disposal shall be communicated by the office of the fifth respondent to the writ petitioner under due acknowledgement within seven (7) working days from the completion of aforesaid exercise.
10. Instant Writ Petition is disposed of with the above directions. There shall be no order as to costs. Sd/- Assistant Registrar (AD-II) / True Copy / Sub Assistant Registrar(CS- ) To 1.The Chancellor, Anna University, Sardar Patel Road, Guindy, Chennai.
2.The Controller of Examination, Anna University, Chennai-600 025.
3.The Director of Technical Education, Sardar Patel Road, Guindy, Chennai.
4.The Revenue Divisional Officer, Madurai, Madurai District.
5.Aadhi Dravidar Welfare Department, through its Director, Chepauk, Chennai.
+1 CC to Mr.R.G.SHANKAR GANESH,Advocate(SR-87749[F]dated 19/09/2019) +1 CC to M/s.K.GOVINDARAJAN,Advocate SR-88101[F] dated 20/09/2019 ) +1 CC to M/s.SPL GP (SR-88363[F] dated 20/09/2019 ) 19.09.2019 SSL ES/01.10.2019/3P/9C 3/3