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2026 DAILYLAW 44388 (MAD)

D.RADHAKRISHNAN v. UNION OF INDIA

WP/24190/2026 · 2026-07-03

G Arul Murugan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.24190 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.07.2026 CORAM : THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.P.No.24190 of 2026 D.Radhakrishnan S/o.V.Damodharan, Door No.27/5, Sithi Vinayagar Kovil Street, Periyakuppam, Tiruvallur - 602 001. Petitioner(s) Vs 1. Union of India Rep. by its Secretary, Department of Higher Education, 122 C Shastri Bhavan, New Delhi-110001. 2. University Grants Commission Rep. by the Chairman, Bahadur Shah Zafar Marg, New Delhi-110002. 3. National Assessment and Accreditation Council Rep. by its Director, P.O. Box No.1075 Nagarbhavi, Opposite to NLSIU, Bengaluru-560072. 4. State of Tamil Nadu Rep. by its Secretary, Higher Education Department, Secretariat, Fort St. George, Chennai-600 009. ______________ https://www.mhc.tn.gov.in/judis W.P.No.24190 of 2026 5. Anna University Rep. by its Registrar, Sardar Patel Road, Chennai-600 025. 6. Directorate of Technical Education 53, Sardar Patel Road, Anna University, Guindy, Chennai-600 025. 7. Sri Venkateswara College of Engineering and Technology Rep. by its Chairman, Thirupachur, Tiruvallur-631 203 Respondent(s) PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 6 to constitute an independent enquiry committee comprising competent officers of the concerned regulatory authorities to examine the allegations raised by the petitioner in his representations concerning the records submitted and relied upon by the seventh respondent institution for obtaining and continuing accreditation, autonomous status, affiliation and other regulatory approvals by verifying the original records and relevant materials and thereafter pass appropriate original records in accordance with law within a time frame to be fixed by this court. For Petitioner(s): Mr.R.Shunmugasundaram Senior Counsel for M/s.A.Gopinath For Respondent(s):Mr.K.S.Jeyaganeshan Senior Panel Counsel for R1 Mrs.V.Sudha for R2 Mr.Mohammed Fayaz Ali Government Pleader for R4 ______________ https://www.mhc.tn.gov.in/judis W.P.No.24190 of 2026 Mr.U.Baranidharan Standing Counsel for R5 ORDER (Order of the Court was made by the Hon'ble Chief Justice) The extraordinary jurisdiction of this court under Article 226 of the Constitution of India has been invoked ostensibly under the nomenclature of a Public Interest Litigation (PIL). The petitioner seeks the issuance of a writ of mandamus to direct respondents 1 to 6 to constitute an independent enquiry committee to scrutinize the regulatory approvals, affiliation, accreditation and autonomous status granted to the seventh respondent institution, on the basis of alleged discrepancies and pending vigilance investigations. 2. On a meticulous juxtaposition of the documents on record, this court finds an irreconcilable variance that strikes at the core of the grievance ventilated by the petitioner. The legal prerequisite for a writ of mandamus is a prior demand for justice made to the authorities and its subsequent refusal. The representation sent by the petitioner dated 29.04.2026 sought the withdrawal of ______________ https://www.mhc.tn.gov.in/judis W.P.No.24190 of 2026 autonomous status and accreditation conferred upon the seventh respondent college. Paradoxically, the prayer made in this petition requests the constitution of an independent high-level enquiry committee to investigate the seventh respondent’s original records. 3. We notice that the prayers made in the writ petition and the representation sent are for entirely different purposes. A petitioner cannot seek one extreme punitive remedy before the statutory authorities and subsequently approach this court asking for an investigative mechanism under a completely transformed pretext. 4. Moreover, a person filing the public interest litigation should be a diligent researcher, not a casual collector of unverified electronic media discourse. In the present case, the petitioner has merely bundled newspaper clippings, YouTube references, and an First Information Report (Cr.No.4/2025) to build a narrative of widespread malpractice against the seventh respondent. No independent research or verification was conducted by the petitioner prior to rushing to this court. ______________ https://www.mhc.tn.gov.in/judis W.P.No.24190 of 2026 5. Relying purely on the investigation of the Directorate of Vigilance and Anti-Corruption (DVAC) or digital gossip does not satisfy the stringent threshold of "sufficient research" mandated for filing a public interest litigation. A criminal investigation is already underway and the matter is entirely sub judice. Rushing to file a PIL without verifying the foundational facts independently is, in our considered view, solely to sensationalize a pending legal process. When a public interest litigation is filed without a shred of independent research, it must be throttled at the threshold. For the aforegiven reasons, this writ petition is dismissed, sans costs. (SUSHRUT ARVIND DHARMADHIKARI,CJ) (G.ARUL MURUGAN,J) 03.07.2026 Index : Yes/No Neutral Citation : Yes/No sasi ______________ https://www.mhc.tn.gov.in/judis W.P.No.24190 of 2026 To: 1. The Secretary, Union of India Department of Higher Education, 122 C Shastri Bhavan, New Delhi-110001. 2. The Chairman, University Grants Commission Bahadur Shah Zafar Marg, New Delhi-110002. 3. The Director National Assessment and Accreditation Council P.O. Box No.1075, Nagarbhavi, Opposite to NLSIU, Bengaluru-560072. 4. The Secretary, State of Tamil Nadu Higher Education Department, Secretariat, Fort St. George, Chennai-600 009. 5. The Registrar, Anna University Sardar Patel Road, Chennai-600 025. 6. Directorate of Technical Education 53, Sardar Patel Road, Anna University, Guindy, Chennai-600 025. ______________ https://www.mhc.tn.gov.in/judis W.P.No.24190 of 2026 THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J. (sasi) W.P.No.24190 of 2026 03.07.2026 ______________ https://www.mhc.tn.gov.in/judis