Nirmala Creative Matric School v. The Director Of Matriculation
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17-04-2017
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.9117 of 2017 Nirmala Creative Matric School, Rep. by its Correspondent Anna Nagar, Kattukadalore Road, Virudhachalam 606 001.
...Petitioner
-Vs1.The Director of Matriculation School, O/o. The Director School Education, D.P.I.Complex, College Road, Chennai 600 006.
2. The Inspector of School Education, Manjakuppam, Cuddalore 607 001.
...Respondents
Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to grant approval to the petitioner school namely Nirmala Creative Matric School, situated at Anna Nagar, Kattukudalore Road, Viridhachalam 606 001 for establishing matriculation school from standard I to X for the academic year 2017-2018.
For Petitioner : Mr.T.Thirumavalavan For Respondents: Mr.V.Anandhamurthy Additional Government Pleader
O R D E R
This Writ Petition has been filed seeking for a Mandamus to the first respondent to grant approval to the petitioner school namely Nirmala Creative Matric School, situated at Anna Nagar, Kattukudalore Road, Viridhachalam 606 001, for establishing matriculation school from standard I to X for the academic year 2017-2018.
2. The case of the petitioner is that the petitioner, after obtaining planning permission and building approval from the Virudhachalam Municipality, has constructed the school building and also after obtaining due permission from Chief Educational Officer, Cuddalore District have started the classes from L.K.G. to V standard. In order to start high school in the said premises, since the petitioner possessed required space, the petitioner submitted an application dated 23.12.2016, along with necessary documents to the first respondent through the second respondent seeking sanction from the first respondent for establishment of classes I to X standard.
The first respondent though received the application on 26.12.2016, has not chosen to grant approval to the petitioner school for establishing matriculation school from standard I to X for the academic year 2017-2018. Hence, the petitioner has filed this Writ Petition seeking for the aforesaid relief.
3. Heard the learned counsel for the petitioner as well as learned Additional Government Pleader appearing for the respondents.
4. Though the relief sought for in this writ petition is for a larger relief, the learned counsel appearing for the petitioner has submitted that it would suffice, if the representation of the petitioner dated 23.12.2016, is directed to be disposed of by the first respondent, within a time frame.
5. In view of the submission made by the learned counsel for the petitioner and also considering the facts and circumstances of the case, without going into the merits of the case, this Court directs the first respondent to consider and dispose of the representation of the petitioner dated 23.12.2016, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.
6. This Writ Petition is disposed of with the above directions. No costs.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar arr
To 1.The Director of Matriculation School, O/o. The Director School Education, D.P.I.Complex, College Road, Chennai 600 006.
2. The Inspector of School Education, Manjakuppam, Cuddalore 607 001.
+1cc to Mr.S.Thirumavalavan, Advocate, S.R.No.22734 +1cc to the Government Pleader, S.R.No.23304 RJ(CO) Eu 20.4.2017 W.P.No.9117 of 2017