T.Suriyaprakash, v. All India Council For
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.03.2016
CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE C.T.SELVAM W.P.(MD).No.7148 of 2013 T.Suriyaprakash .. Petitioner versus 1.All India Council for Technical Education, 7th Floor, Chandralok Building, Janpath, New Delhi - 110 001 Represented through its Secretary.
2.Anna University, Chennai, Represented through its Registrar.
3.The Thasildar, Fort Tondarpet Taluk, Chennai -600 003.
4.The Principal, Raja College of Engineering and Technology, S.V.Raja Nagar, Veerapandjan, Madurai District.
.. Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus direct the 3rd respondent to issue the community certificate to the petitioner, within the stipulated period of time fixed by this Court on the basis of petitioner father's representation, dated 11.02.2013. For Petitioner : Mr.R.Rajaraman For Respondents : Mr.K.Chellapandian Additional Advocate General assisted by Mr.M.Alagadevan Special Government Pleader
ORDER
(Order of the Court was made by S.MANIKUMAR ,J.) Based on the representation, dated 11.02.2013, said to have been made to the Thasildar, Fort Tondarpet Taluk, Chennai, the third respondent, writ of Mandamus is sought for, to direct him to issue a community certificate to the petitioner.
2. Record of proceedings shows that on 08.05.2013, a Hon'ble Division Bench of this Court, has passed the following order:- "Heard the learned counsel for the petitioner and the learned Special Government appearing for the respondents.
2. Considering the fact that the petitioner was able to write the first semester examination pursuant to the orders passed by this Court and since the issue relating to issuance of community certificate is still pending before the competent authority, there will be an interim direction as prayed for. It is made clear that results of the examination shall not be published and this direction is subject to the result in the writ petition. The petitioner shall not claim any equity at a later point of time."
3. On this day, when the writ petition is list for hearing, Mr.R.Rajaraman, learned counsel for the petitioner submitted that the petitioner has discontinued the course and taken up employment.
4. There are no materials to indicate that the representation, dated 11.02.2013, addressed to the Tahsildar, Fort Tondarpet, Chennai, has been acknowledged. However, during the course of hearing, Mr.R.Rajaraman, learned counsel for the petitioner, submitted that subsequently, a representation, dated 02.05.2013 has been sent to Tahsildar, Fort Tondarpet, Chennai, respondent No.3, on 04.05.2013 and that the same has been acknowledged by the latter on 06.05.2013. Learned counsel for the petitioner seeks for a direction to the respondent No.3 to consider the subsequent representation, dated 02.05.2013 to issue a community certificate to the writ petitioner.
5. Mr.K.Chellapandian, learned Additional Advocate General, submitted that if the subsequent representation, dated 02.05.2013, is acknowledged and still pending, the same would be considered and appropriate orders would be passed within a period of 4 weeks.
6. The writ petition is disposed of with a direction to the third respondent to consider the subsequent representation of the petitioner, dated 02.05.2013, if not disposed of, and pass to appropriate orders within a period of 4 weeks from the date of receipt of a copy of this order. In the event of such application is not available on the file of the Tahsildar, Fort Tondarpet, Chennai, the petitioner may make a fresh application for issuance of a community certificate with documents. No costs. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar
To 1.The Secretary, All India Council for Technical Education, 7th Floor, Chandralok Building, Janpath, New Delhi - 110 001 2.The Registrar,Anna University, Chennai 3.The Thasildar, Fort Tondarpet Taluk, Chennai -600 003.
+1cc to Mr.R.Rajaraman,Advocate Sr.No.18051 +1cc to Spl.GOvernemnt Pleader Sr.No.18568 jikr AA/SKS-RR/13.04.2016/3p-6c W.P.(MD).No.7148 of 2013 31.03.2016