P.Gladys Lily Paulsamy Vs The Director of Collegiate Education

PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent Nos. 1 to 3 to restore the name of Annai Velankanni College Administrative Society, Tholayavattam, Kanyakumari District (Regd. No.9/1980) as a college committee for all purposes in connection with the functioning of

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the said college in the light of the order passed by this Hon'ble Court in WP(MD).No. 3872 of 2023 dated 20.03.2024 and on the strength of the Form - 7 submitted before the 4th respondent by considering the petitioners representation dated 10.03.2025 forthwith.

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For Petitioners : Mr.R.Anand

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For Respondents : Mr.V.Om Prakash

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Government Advocate for R1 & R2 Ms.Mamta for M/s.Ajmal Associates for R3

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O R D E R

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The petitioner has filed this Writ Petition seeking a Writ of Mandamus, directing the respondents 1 to 3 to restore the name of Annai Velankanni College Administrative Society, Tholayavattam, Kanyakumari District (Regd. No.9/1980) as a college committee for all purposes in connection with the functioning of the said college in the light of the order passed by this Court in WP(MD).No. 3872 of 2023 dated 20.03.2024 and on the strength of the Form - 7 submitted before the fourth respondent by considering the petitioner's representation dated 10.03.2025 forthwith.

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By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

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Following a structural change in the composition of the Annai Velankanni College Administrative Society, the petitioner submitted Form VII to the District Registrar, Marthandam, listing the newly elected members. In compliance with this Court’s order dated 07.02.2025, the District Registrar subsequently endorsed the form with his seal of approval. However, the petitioner is aggrieved by the fact that, despite the approval, the third respondent continues to correspond with the previous committee regarding the functioning of the college, which created practical difficulties for the newly elected members in managing the day-to-day affairs. To address this issue, the petitioner submitted a representation dated 10.03.2025 to respondents 1 to 3, requesting that the necessary changes be made to reflect the new management and update the address for official communication. As no action has been taken so far, the petitioner has filed the present writ petition.

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Heard both sides.

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It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

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In the light of the above observations, there shall be a direction to the first respondent to consider the petitioner's representation dated 10.03.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, as well as all other persons, who may be interested in the subject matter, within a period of six weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the first respondent to consider the same on its own merits.

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7. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.

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22.04.2025

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Index : Yes / No Internet : Yes / No PKN To 1. The Director of Collegiate Education, Directorate of Collegiate Education, No.577, Anna Salai, Saidapet, Chennai 600 15. 2. The Regional Joint Director, Of Collegiate Education, No.18, Tiruchendur Road, Murugankurichy, Tirunelveli 627 002. 3. The Registrar, Manonmaniam Sundaranar University, Tirunelveli 627 012.

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VIVEK KUMAR SINGH, J.

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PKN

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