Vigneshwaran.M v. The Principal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 21.09.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN M.Vigneshwaran ..Petitioner Vs The Principal, Sourashtra College, Vilachery Main Road, Pasumalai Post, Madurai-4.

..Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to issue the petitioner's Transfer Certificate, Mark Statement and other annexure certificates.

For Petitioner :Mr.S.Sheik Hussain For Respondent :Mr.R.J.Karthick

ORDER

The Petitioner has prayed for issuance of a Writ of Mandamus, directing the respondent to issue the petitioner's Transfer Certificate, Mark Statement and other annexure certificates.

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2.Heard Mr.S.Sheik Hussain, learned counsel appearing for the petitioner and Mr.R.J.Karthick, learned Standing Counsel, who takes notice for the respondent. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 3.The Petitioner's case is that he is studying B.Com (C.S) III year at Sourashtra College, Madurai. On 02.05.2022 there was some dispute arose among the students in the college premises. Hence, complaint was lodged by Professor at Thirupparankundram Police Station and the case has been registered in Cr.No.174 of 2022, for the offences under Sections 447, 294(b), 323 and 506(i) of IPC. The petitioner was also got injured in the above said incident. He was not involved in any manner and his name was also added in the FIR.

He was compelled by the College Administrative Authorities to get anticipatory bail and he filed an application for anticipatory bail in Crl.O.P(MD)No.9709 of 2022 and this Court has granted anticipatory bail to the petitioner on 01.06.2022. He went along with his parents many times and gave apology letter to the College, though he was not connected in the quarrel, but the College Administrative Authorities were not permitted him to come college and not permit him to write the exam. Thereafter, on 08.08.2022, he approached the respondent's college along with parents and requested to grant Transfer Certificate, Mark Sheet and some annexure certificates.

He need the Transfer Certificate and other certificates for his future studies and job etc. Till now, the respondent's college refused to give the Transfer Certificate and other Certificates. Therefore, the petitioner has sent a representation on 06.09.2022 to the respondent requested to give his certificates. But the respondent has not come forward to give the Transfer Certificate and other Certificates and hence, the petitioner has approached this Court by way of filing the present Writ Petition for the relief stated supra.

4. Mr.R.J.Karthick, learned Standing Counsel appearing for the respondent would submit that the petitioner could not complete the studies and therefore, they are not in a position to issue the certificate. If the petitioner approached the authorities today I.e., on 21.09.2022 or tomorrow I.e., on 22.09.2022, they will issue the certificates.

5. In view of the submission made by the learned counsel appearing for the respondent, this Court directs the petitioner to approach the college authorities tomorrow (22.09.2022) at 10.30 a.m. The respondent is directed to issue the Transfer Certificate and other Certificates pertaining to the petitioner.

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6.With the above directions, the Writ Petition stands disposed of. No costs.

21.09.2022 Index : Yes/No Internet:Yes/No am Note: Issue order copy on 21.09.2022 To The Principal, Sourashtra College, Vilachery Main Road, Pasumalai Post, Madurai-4.

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V.BHAVANI SUBBAROYAN,J am 21.09.2022 5/5