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Madras High CourtWP/10979/2018disposed of

Mrs. Farzana Begum, v. The Commissioner,

2018-04-28Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2018

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM WP.No.10979 of 2018 & WMP Nos.12886 & 12887 of 2018 Mrs.Farzana Begum Correspondent of the Little Flower Nursery and Primary School

...Petitioner

Vs.

1. The Commissioner, Corporation of Chennai, Ribbon Building, Egmore, Chennai - 600 003.

2. The District Elementary Educational Officer, Chennai District, DPI Complex, Egmore, Chennai - 600 006.

3. The Zonal Health Officer, Zone-IX, Greater Chennai Corporation, No.1, Lake Area 4th Cross Street, Valluvarkottam, Chennai - 600 034.

...Respondents

PRAYER:

Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the respondents 1 & 3 to issue sanitary certificate to the petitioner School, namely, the Little Flower Nursery and Primary School at Door No.122/219, Peters Lane, Gopalapuram, Chennai - 600 086.

For Petitioner : M/s.K.M.Venugopal For Respondents : Mr.T.C.Gopalakrishnan, (for RR1 & 3) Mr.C.Munuswamy, Spl.G.P. (for R2)

ORDER

Mr.T.C.Gopalakrishnan, learned Standing Counsel takes notice for the respondents 1 and 3 and Mr.C.Munuswamy, learned Special Government Pleader takes notice for the 2nd respondent. By

consent of the learned counsel appearing for the parties, the Writ Petition is taken up for final hearing at the admission stage itself.

2. The petitioner has come forward with this Writ Petition for issuance of a Writ of Mandamus to direct the respondents 1 & 3 to issue sanitary certificate to the petitioner's School.

3. According to the petitioner, he is the Correspondent of Little Flower Nursery and Primary School, which is being run from 2005. While so, on 03.01.2018, the Assistant Elementary Educational Officer, Chennai and the District Elementary Educational Officer, Chennai, inspected the School premises and recommended that the building is fit for running School.

4. In the course of inspection, the petitioner was directed to obtain necessary certificates. Following the direction, the petitioner applied with the 3rd respondent for issuance of sanitary certificate. The application was returned to rectify some defects, which was re-presented after compliance. Since no order was passed, the present Writ Petition.

5. The learned Standing Counsel for the respondentCorporation submitted that the 3rd respondent is ready to consider the representation of the petitioner in accordance with law.

6. In the light of the limited prayer sought for in the Writ Petition and the submission of the learned Standing Counsel, this Court, directs the second respondent to consider the representation of the petitioner, on merits and in accordance with law, within a period of two weeks.

7. With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar pvs

To

1. The Commissioner, Corporation of Chennai, Ribbon Building, Egmore, Chennai - 600 003.

2. The District Elementary Educational Officer, Chennai District, DPI Complex, Egmore, Chennai - 600 006.

3. The Zonal Health Officer, Zone-IX, Greater Chennai Corporation, No.1, Lake Area 4th Cross Street, Valluvarkottam, Chennai - 600 034.

+1 cc to Mr.K.M.Venugopal Advocate sr 32146 +1 cc to Mr.T.C.Gopalakrishnan Advocate sr 32414 WP.No.10979 of 2018 lrs(co) aa28/04/2018