Madras High Court
The Principal vs M.Muthukumar on 15 November, 2021
W.A.No.280 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.11.2021
CORAM
The Hon'ble Mr. Justice PARESH UPADHYAY
and
The Hon'ble Mr. Justice SATHI KUMAR SUKUMARA KURUP
W.A.No.280 of 2020
The Principal
SSN College of Engineering,
Old Mahabalipuram Road,
Kalavakkam,
Kancheepuram District – 603 110. .. Appellant
Vs
1.M.Muthukumar
2.The Anna University,
Rep. By its Registrar,
Guindy, Chennai – 600 025. .. Respondents
Appeal preferred under Clause 15 of Letters Patent against
the order dated 19.09.2019 made in W.P.No.21287 of 2019.
For Appellant : Mr.K.Parthasarathy
For Respondents : Mr.N.Kolandivelu for R1
No appearance for R2
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Page 1 of 7
W.A.No.280 of 2020
JUDGMENT
(Delivered by PARESH UPADHYAY, J.)
Challenge in this appeal is made to the order dated 19
September, 2019 passed by learned Single Judge recorded on
W.P.No.21827 of 2019.
2. By the impugned order, learned Single Judge has ordered
the Management of the second respondent/ College (the present
appellant) to refund the amount of Rs.62,500/-, which was towards
hostel rent to the writ petitioner (student), within a period of eight
weeks.
3. Learned advocate for the appellant/ second respondent has
submitted that, the impugned order is erroneous since the
directions are inconsistent with the statutory provisions. According
to the learned advocate for the appellant, there are number of
decisions which hold the field and, therefore, the learned Single
Judge ought not to have passed different order. It is submitted that
this appeal be allowed and the order of learned Single Judge giving
directions to the present appellant to refund Rs.62,500/- be set
aside.
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W.A.No.280 of 2020
4. On the other hand, learned advocate for the first
respondent – original writ petitioner has submitted that the
retention by the Management of even the hostel rent, though the
petitioner had not stayed there even for one day, could not be
justified and learned Single Judge is perfectly justified in ordering
that refund. Learned advocate for the first respondent has also
submitted that, though the petitioner (student) had voiced his
grievance in the writ petition that the entire amount of
Rs.1,94,500/- should have been refunded to him and from that
prayer only Rs.62,500/- is ordered to be refunded. It is submitted
that no interference be made by this Court, at least, in the refund
ordered to the extent of Rs.62,500/-. It is further submitted that
since within stipulated time, the amount was not paid, with a view
to see that the student cannot be said to have not done anything in
that regard, he had given notice to the present appellant to refund
that amount, failing which, appropriate proceedings were intimated
to have been initiated, which is responded by the present appellant
vide reply dated 11 February, 2020 that since this writ appeal is
pending, needful will be done by the Management only after
disposal thereof. It is submitted that this appeal be dismissed.
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W.A.No.280 of 2020
5. Having heard the learned advocates for the respective
parties and having considered the material on record, this Court
finds as under:
5.1. The learned Single Judge has taken note of the fact that
immediately after taking admission on 12 July, 2018, the student
informed the Management that he may be given his transfer
certificate which, as a matter of fact, the Management had also
given may be after few days but in any case on 14 August, 2018.
The petitioner/ student has not stayed in the hostel even for a day.
It is under these circumstances learned Single Judge found that,
the amount towards hostel rent could not have been permitted to
be forfeited by the Management and that amount is ordered to be
refunded.
5.2. We find that since the subject-matter of this writ appeal
is only the direction of giving back the amount of Rs.62,500/- which
was towards hostel rent, whether rejection of the petition for the
remaining part can be said to be justified or not - that question can
not be and is not gone into at least in the appeal filed by the
Management but we find that the learned Single Judge can not be
said to have fallen in error, in any manner, to the extent the
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W.A.No.280 of 2020
direction is given to refund the amount of hostel rent, which was
quantified as Rs.62,500/-. No interference, therefore, in this appeal
is required.
5.3. We also find (at page 20 of the paper book) that the fees
receipt of the Management itself shows different heads. One of the
head was Hostel Admission fees (Non-Refundable) – Rs.20,000/-.
That amount is not ordered to be refunded. What is ordered to be
refunded is hostel rent Rs.62,500/-. The argument of learned
advocate for the appellant would land him to a situation where - not
only the amount which is stated to be 'non-refundable' is 'non-
refundable' but the amount which is not stated to be 'non-
refundable' is also 'non-refundable', according to him. This
argument can not be accepted.
5.4. This appeal needs to be dismissed.
6. It is also noted that, the student is not given his due
amount in spite of, no interim protection on this appeal, which is
pending for more than two years. In the event, any proceedings are
instituted by the student – the original writ petitioner for recovery of
this amount, the stand of the present appellant Management, more
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W.A.No.280 of 2020
particularly, as taken in the reply letter dated 11 February, 2020,
that because of pendency of this appeal, the amount is not
refunded, shall also be taken into consideration by appropriate
forum / court.
7. This appeal is dismissed with the above clarification. No
costs. Consequently, connected C.M.P.No.4614 of 2020 is closed.
(P.U., J) (S.S.K., J)
15.11.2021
Index:Yes/No
ssm/15
To
The Registrar,
Anna University,
Guindy, Chennai – 600 025.
https://www.mhc.tn.gov.in/judis
W.A.No.280 of 2020
PARESH UPADHYAY, J.
and
SATHI KUMAR SUKUMARA KURUP, J.
ssm
W.A.No.280 of 2020
15.11.2021
https://www.mhc.tn.gov.in/judis
