Savarimuthu v. The Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2024

CORAM

THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ I.Savarimuthu ... Petitioner Vs.

1.The Registrar, Madurai Kamaraj University, Madurai.

2.The Chairman cum Principal, Kodaikanal Christian College, Paradise Hill, Kodaikanal, Dindigul District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to refund a sum of Rs.50,000/- (fifty thousand only) paid by the petitioner towards tuition fees and other fees with interest at the rate of 12% till the date of realization and deliver the petitioner's son's +2 mark statement, Community Certificate within time frame that may be stipulated by this Court. For Petitioner : Mr.R.Karthic Rajan For R-2 : Mr.J.M.Hassanul Bazari 1/4

ORDER

The present Writ Petition is filed for Mandamus directing the second respondent to refund a sum of Rs.50,000/- (Fifty thousand only) paid by the petitioner towards tuition fees and other fees with interest at the rate of 12% till the date of realization and deliver +2 mark statement, Community Certificate of the petitioner's son.

2. It is submitted by the learned counsel for the petitioner that the petitioner's son, namely, Ronald Anthony, after completing higher secondary education, got admission at the second respondent College in B.Com (Computer Application) Course for the academic year 2013-2014 and the petitioner remitted a sum of Rs.50,000/- under various heads for the first year on 03.07.2013. The classes started on the same day. However, the petitioner's son became ill and was unable to pursue the said course. The petitioner approached the second respondent on 05.07.2013 and the College Management instructed him to take his son home for treatment. Thereafter, the petitioner brought his son to Madurai for further medical treatment and after few days, his son recovered. Therefore, the petitioner approached the second respondent in person for continuation of his studies in the College and there was no response. In this regard, the petitioner submitted a representation dated 19.08.2013 to the 2/4

second respondent for return of Transfer Certificate, +2 Mark Sheet and Community Certificate of his son and also for refund of tuition fees paid by the petitioner. Since no action was taken, the present Writ Petition has been filed.

3. It is submitted by the learned counsel for the second respondent that the above sum of Rs.50,000/- paid by the petitioner towards tuition fees and other fees of his son would be refunded to the petitioner, which is acceded to by the learned counsel for the petitioner.

4. Recording the same, this Writ Petition stands disposed of with direction to the second respondent to refund a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the petitioner within a period of four (4) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. 29.08.2024 Index : Yes / No Internet : Yes/ No Lm 3/4

MOHAMMED SHAFFIQ , J.

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