Madras High CourtWP/39913/2005dismissed

The Parents Teacher v. The District Collector

2019-07-18Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.07.2019

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.39913 of 2005 and WP.MP.No.42799 of 2005 The Parents Teacher Association Govt. Girls Hr. Secondary School, Rep. by its Secretary, T.Sivasankaran ..Petitioner Vs

1. The District Collector, Salem.

2. The Superintending Engineer, Public Works Department (Construction & Maintenance Circle), Kumarasamypatti, Salem 636 007.

3. The Special District Educational Officer, Salem.

4. The Chief Educational Officer, Salem.

5. The Tahsildar, Omalur.

6. The Welfare Officer, Backward Classes, District Collectorate Compound Salem.

7. Mr.P.Kamaraj, M.L.A.

Tharamangalam Constituency, Tharamangalam, Omalur.

..Respondents Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus to call for the entire records of the 2nd respondent relating to the tender notice 11/05-06/S.E./B(C & M)

C/SLM/dt.01.08.2005 so far as it relates to item No.19 for construction of most backward class hostel building for girls school) at Tharamangalam (in the Survey Nos.191/2A2 (0.3.330 hectares), 194/3B (0.62.5 hectares) and 195/3B2 0.26.0 and quash the same and forbear the respondents from putting up the construction of any hostel building in Survey Nos.191/2A2 0.3.330 hectares, 194/3B, 0.62.5 hectares and 195/3B2 0.26.0 of Tharamangalam Village where the petitioner's School is functioning.

For Petitioner : Mr.D.Shivakumaran For Respondents : Mr.B.Anand, G.A., for RR1 to 6 No Appearance, for R7

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents 1 to 6 and perused the materials available on record.

2. This Writ Petition has been filed by the Parents Teacher Association of Government Girls Higher Secondary School to quash the tender notice issued by the second respondent apprehending construction of Backward Class Hostel Building for Girls School at Tharamangalam in Survey Nos.191/2A2 (0.3.330 hectares), 194/3B (0.62.5 hectares) and 195/3B2 (0.26.0 hectares).

3. The learned Government Advocate appearing for the respondents 1 to 6 would submit that the proposal to construct Backward Class Hostel in the land in dispute was dropped and it was constructed in Survey No.75 in the year 2007 itself and it has been functioning in the same place. The learned Government Advocate produced a letter of the Special Chief Engineer, PWD, Building (C&M) Circle, Salem dated 15.07.2019 to that effect and the same is taken on file.

4. In the light of the above facts, I am of the view that nothing survives for consideration in this Writ Petition. Accordingly, the Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar

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