V.Manimaran, v. The Principal Secretary To

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2017

CORAM

THE HON'BLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.4737 of 2017 V.Manimaran

...Petitioner

Vs.

1.The Principal Secretary to the Government, Govt. of Tamilnadu, Higher Secondary School Education Department, Secretariat, Fort St. George, Chennai - 600 009.

2.The District Collector of Chennai, Office of the Collectorate, Chennai - 600 001.

3.The Commissioner, Chennai City Municipal Corporation, Ripon Buildings, Chennai.

4.The Director of School Education, College Road, Chennai - 600 006.

5.The Chief Educational Officer, Saidapet, Chennai.

...Respondents

PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the third respondent to initiate proceedings as per order passed in W.P.No.30876 of 2002 by the Division Bench of this Court on 19.01.2011 and order passed in S.L.P. in 4806 of 2011 by the Supreme Court of India on 16.08.2016 within a stipulated time.

For Petitioner : Mr.M.Dharanidharan For Respondents : Mr.T.N.Rajagopalan Spl. Government Pleader for respondents 1, 2, 4 and Mr.V.C.Selvasekaran for 3rd respondent

ORDER

(Order of the Court was made by the Acting Chief Justice) Mr.T.N.Rajagopalan, learned Special Government Pleader takes notice for respondents 1, 2, 4 and 5 and Mr.V.C.Selvasekaran, learned counsel takes notice for the third respondent.

2. The petitioner has filed this writ petition seeking issuance of a writ of Mandamus directing the third respondent to initiate proceedings as per order passed in W.P.No.30876 of 2002 by the Division Bench of this Court on 19.01.2011 and order passed in S.L.P. in 4806 of 2011 by the Supreme Court of India on 16.08.2016 within a stipulated time.

3.It is the case of the petitioner that he studied in Thiru.Ve.Ka.Higher Secondary School. He claims that the said school has no recognition for Standards XI and XII. In view of certain irregularities committed by the Management of the School, the Chennai Corporation took charge of the school. Aggrieved by that, the school filed W.P.No.30876 of 2002, wherein a direction was issued on 19.1.2011 to the Corporation to take all steps to protect the interest of the students. The SLP preferred by the said School was dismissed by the Supreme Court. Now, this writ petition is filed to implement the orders passed in earlier writ petition and the SLP.

4. On hearing the learned counsel for the parties, we are of the considered opinion that filing of a second writ petition to implement the orders passed in earlier writ petition and SLP is not the appropriate course of action. If the petitioner is aggrieved by the non implementation of the earlier orders, it is for the petitioner to seek remedy before the appropriate forum.

The writ petition is dismissed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sasi To

1. The Principal Secretary to the Government, Govt. of Tamilnadu, Higher Secondary School Education Department, Secretariat, Fort St. George, Chennai - 600 009.

2. The District Collector of Chennai, Office of the Collectorate, Chennai - 600 001.

3. The Commissioner, Chennai City Municipal Corporation, Ripon Buildings, Chennai.

4. The Director of School Education, College Road, Chennai - 600 006.

5. The Chief Educational Officer, Saidapet, Chennai.

+5cc to Mr.dharani dharan, Advocate, S.R.No.11957 CNR(CO) RS(14/03/2017) W.P.No.4737 of 2017