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Madras High CourtWA/335/2017disposed of

M/S. St. John Special School v. The Government Of Tamil Nadu

2017-03-22Honourable The Acting Chief Justice,Honourable Mr Justice Rmt. Teekaa Raman5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.03.2017 Coram The Honourable Mr.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE and The Honourable Mr.Justice RMT.TEEKAA RAMAN W.A.NO.335 OF 2017 M/s.St.John Special School for Mental Retardation, rep. by its Correspondent, Mr.A.Jayanchandran ..

Appellant versus

1. The Government of Tamil Nadu, rep. by its Secretary, the Secretary for Differently Abled Department, Secretariat, Fort St.George, Chennai-600 009.

2. The State Commissioner for Differently Abled, K.K.Nagar, Chennai-600 078.

3. The District Differently Abled Welfare Officer, Villupuram, Villupuram District.

..

Respondents

Prayer: The Writ Appeal is filed against the order of the learned Judge dated 4.11.2016 made in W.P.No.38488 of 2016. For Appellant : Mr.S.Parthasarathy For Respondent : Mr.R.Vijjayakumar, AGP

JUDGMENT

(Judgment of the Court was made by THE ACTING CHIEF JUSTICE ) The Writ Appeal is filed against the order of the learned Judge dated 4.11.2016 made in W.P.No.38488 of 2016 dismissing the writ petition filed by the appellant herein.

2. It appears that the appellant school has been claiming for grant of food and teachers' salary, however, the same was not granted after inspection made by the third respondent, stating that there were only 8 mentally retarded children, of them, two mentally regarded children had no identity cards to show that they being specially challenged children and no trained teachers or physiotherapists were appointed by the appellant and also no

proper records were maintained. Based on the said inspection report, impugned proceedings dated 22.6.2016 were issued, which were also confirmed by the learned Judge. Aggrieved by the same, the appellant is before this Court.

3. Learned counsel appearing for the appellant would contend that the appellant school is running with 40 mentally retarded children and three specially trained teachers and this fact was also noted by the authority in its earlier report.

4. In view of the submission made by the learned counsel for the appellant, the respondents are directed to once again conduct the appellant school and submit the report. Based on the report being submitted, the grant of food and teachers' salary aid may be considered. The respondents shall do the said exercise within a period of one month from the date of receipt of a copy of this order.

With the above observation, this Writ Appeal is disposed of. No costs.

Suk (H.G.R., A.C.J.) (T.K.R., J.)

22.03.2017 HULUVADI G.RAMESH, A.C.J.

and RMT.TEEKAA RAMAN, J.

suk The Secretary, The Government of Tamil Nadu, the Secretary for Differently Abled Department, Secretariat, Fort St.George, Chennai-600 009.

2. The State Commissioner for Differently Abled, K.K.Nagar, Chennai-600 078.

3. The District Differently Abled Welfare Officer, Villupuram, Villupuram District.

W.A.NO.335 OF 2017 22.03.2016

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