Sri Varadhan Chandar v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.04.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.4235 of 2022 Sri Varadhan Chandar, Trustee, Sri Ramanuja Mission Trust, Sannidhi Street, Chinna Kancheepuram, Tamil Nadu ... Petitioner Vs 1.The Director, Directorate of Elementary Education, Chennai.

2.Chief Education Officer, Nursery and Primary School, Egmore, Chennai - 600 008.

3.The Block Education Officer, T.Nagar, Chennai - 600 006.

4.Mrs.D.K.Sowjanya ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to consider the representations dated on 28.10.2021 by the respondent 1 to 3 to cancel the license.

For Petitioner : Mr.G.Thyagarajan For Respondents : Mr.C.Jayaprakash Government Advocate [For R1 to R3] Ms.Priya Vittaldas [For R4]

ORDER

Read this order with conjunction with order dated 08.03.2022, which reads as follows:

"Ms.PriyaVittaldas, learned counsel undertakes to file vakalat for R4.

2. The inspection report filed by the official respondents does not indicate any effective action taken thus far. However, the position that the school is functioning in the premises sans a registered deed, is clear as there is no deed of extension of lease available on record.

3. Despite notices having been issued to R4 from 31.05.2019, no renewal of lease deed appears to have been produced by R4 before the Authorities and the matter was simply being adjourned from time to time without any effective hearing or consideration of the same.

4. There is a direction to R4 to appear before R2/the Chief Education Officer on 22.03.2022 for which notice will be sent forthwith by the office of R2 to R4. The petitioner is also permitted to appear for hearing before R2 on 22.03.2022 to put forth his objection. Let orders be passed by R2 prior to 04.04.2022.

5. List on 04.04.2022 ."

2. A Status Report is submitted by R3 / Block Education Officer referring to proceedings Na.Ka.No.9150/E5/2021 dated 25.03.2022 invoking Rule 18 (1) of the Right to Education Act and holding adverse to R4. In effect, the prayer of the petitioner stands accepted.

3. Let the aforesaid order be served upon the parties to enable them to take appropriate action, if they so desire, in accordance with law.

4. With this, the writ petition stands closed. No costs. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar kak/jeni To 1.The Director, Directorate of Elementary Education, Chennai.

2.Chief Education Officer, Nursery and Primary School, Egmore, Chennai - 600 008.

3.The Block Education Officer, T.Nagar, Chennai - 600 006.

+2 ccs to Mr.G.Thyagarajan, Advocate Sr.NO. 23070 +1 cc to Government Pleader Sr.NO. 23633 W.P.No.4235 of 2022 GPL(CO) A.SK(29/04/2022)