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Madras High CourtWP(MD)/2705/2017allowed

M.Kalaiselvi v. The Secretary To Government

2022-06-27Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN M.Kalaiselvi ... Petitioner Vs 1.The Secretary to Government, Secretariat, Fort.St.George, Chennai - 600 009.

2.The District Collector, Thoothukudi District, Thoothukudi.

3.The District Welfare Officer, Thoothukudi District, Thoothukudi.

4.The Principal, Infant Jesus College of Engineering, Kamarajar Nagar, Tirunelveli - Thoothukudi Highway, Keelavalanadu, Thoothukudi District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents 1 to 3 to take 1/4

appropriate action to disburse the scholarship amount by the fourth respondent to the petitioner for the Academic Year 2012-2013 and 2013-2014 within the time frame that may be stipulated by this Court. For Petitioner : Mr.A.Robinson For Respondents : Mr.V.Om Prakash Government Advocate for R.1 to R.3 Mr.S.Sankar for Mr.G.Murugendran for R.4

ORDER

Heard the learned counsel appearing for the writ petitioner, the learned Government Advocate appearing for the respondents 1 to 3 and the learned counsel appearing for the fourth respondent College.

2. The writ petitioner joined the fourth respondent College for pursuing her M.E, Computer and Communication Engineering Course. She completed her Course in the year 2014. The petitioner belongs to Scheduled Caste Community. She was entitled to receive scholarship. The scholarship amount payable to the petitioner was remitted in the account of the fourth respondent College. The petitioner's grievance is that the College had pocketed the said amount and not handed over the same to the writ petitioner. Hence, the writ petition has been filed for taking action against the fourth respondent, so that, the scholarship amount is disbursed to the petitioner. 2/4

3. When the matter was taken up for hearing, the learned counsel appearing for the fourth respondent submitted that a sum of Rs.50,000/- (Rupees Fifty Thousand only) received to the credit of the fourth respondent College will be given to the petitioner within a period of three weeks from the date of receipt of a copy of this order. Since the fourth respondent had come forward to make the payment to the petitioner, I refrain from issuing any direction for taking action against the fourth respondent College. Otherwise, the act of the fourth respondent College amounts to temporary misappropriation. The scholarship amount meant for a Scheduled Caste student will have to reach the student concerned. The College Management cannot set off or adjust the said amount towards any dues that may be payable by the student concerned. This Writ Petition is allowed on these terms. No costs. 27.06.2022 Index : Yes / No Internet : Yes/ No mga To 1.The Secretary to Government, Secretariat, Fort.St.George, Chennai - 600 009.

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G.R.SWAMINATHAN, J.

mga 2.The District Collector, Thoothukudi District, Thoothukudi.

3.The District Welfare Officer, Thoothukudi District, Thoothukudi.

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