Sri Venkateswara Educational v. Govt. Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 29.07.2019
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.50164 of 2006 and MP.Nos.2 & 3 of 2006 Sri Venkateswara Educational and Charitable Trust (Regd.) running Sri Venkateswara Modern Nursery and Primary School 18/76, Perumal Kovil Street, Chennai-600 015.
.. Petitioner Vs.
1. Government of Tamil Nadu Represented by its Secretary Revenue Department Fort St.George, Chennai-600 009.
2. The Special Commissioner and Commissioner for Revenue Administration Chepauk, Chennai-600 005.
3. The District Collector Chennai District at Chennai.
4. The Competent Authority and Personal Assistant (General) to the Collector of Chennai Chennai-600 001.
5. The Chief Educational Officer Chennai-600 015.
6. The District Elementary Educational Officer Chennai-600 006.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the Competent Authority and Personal Assistant (General) to the Collector of Chennai, Chennai-1 and made in
V2/65874/2005 dated 30.11.2005 the fourth respondent herein and the proceedings of the District Collector, Chennai-1 made in Proc.No.V2/65874-2005 dated 21.03.2006 and received on 28.03.2006 and made in RC.No.V2/65784/05 dated 12.06.2006, the third respondent herein and quash the same and consequently, directing the fourth respondent herein to grant the Form D licence under the provisions of the Tamil Nadu Public Buildings (Licensing) Act, 1965 and the Rules made therein in favour of the petitioner.
For Petitioner : Mr.N.Damodaran For Respondents : Ms.K.Bhuvaneswari Additional Government Pleader for R1 to R4 Mr.A.Rajaperumal Additional Government Pleader for R5 to R6
O R D E R
This writ petition has been filed seeking Certiorarified Mandamus, calling for the records relating to the proceedings of the Competent Authority and Personal Assistant (General) to the Collector of Chennai, Chennai-1 made in V2/65874/2005 dated 30.11.2005 the fourth respondent herein and the proceedings of the District Collector, Chennai-1 made in Proc.No.V2/65874-2005 dated 21.03.2006 and received on 28.03.2006 and made in RC.No.V2/65784/05 dated 12.06.2006, the third respondent herein and quash the same and consequently, directing the fourth respondent herein to grant the Form D licence under the provisions of the Tamil Nadu Public Buildings (Licensing) Act, 1965 and the Rules made therein in favour of the petitioner. 2.The learned counsel for the petitioner submitted that the petitioner School itself is not functioning in the said premises and therefore, the prayer sought for in the writ petition has become infructuous. He has also made an endorsement to that effect in the Court bundle.
3.In view of the above submission and the endorsement made, nothing further survives for adjudication in this writ petition. Accordingly, this writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed.
s/d- Assistant Registrar(CS VIII) True Copy Sub-Assistant Registrar
To
1. Government of Tamil Nadu Represented by its Secretary Revenue Department Fort St.George, Chennai-600 009.
2. The Special Commissioner and Commissioner for Revenue Administration Chepauk, Chennai-600 005.
3. The District Collector Chennai District at Chennai.
4. The Competent Authority and Personal Assistant (General) to the Collector of Chennai Chennai-600 001.
5. The Chief Educational Officer Chennai-600 015.
6. The District Elementary Educational Officer Chennai-600 006.
+1 CC to The Govt. Pleader sr 65065, 65523.
W.P.No.50164 of 2006 and MP.Nos.2 & 3 of 2006 SKV(CO) SP(04/09/2019)