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Madras High CourtWP/12888/2014withdrawn dismissed

Mahindra World School v. The State Of Tamilnadu

2015-02-27Honourable Mr Justice M. Venugopal,Honourable Mr Justice Satish K. Agnihotri3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.02.2015

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL W.P. No. 12888 of 2014 ......

Mahindra World School (290155) managed by Mahindra World School Educational Trust, Plot No.30, 2nd Avenue, Mahindra World City, Kancheepuram - 603 002, rep. By its Authorised Signatory, Mr. R. Eswaran ... Petitioner Vs.

1. The State of Tamil Nadu, rep. By its Principal Secretary to Government, School Education Department, Fort St. George, Chennai 600 009.

2. The Member Secretary, Private Schools Fees Determination Committee, PTA Building, DPI Campus, Chennai.9.

3. The Regional Officer, Central Board of School Education, New No.3, Old No.1630, J Block, 16th Main Road, Anna Nagar West, Chennai 600 040.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to call for the records culminating into the order dated 29.4.2013 and order dated 22.10.2013 upon review passed by the second respondent in respect of

the petitioner school (290155), quash the same and consequently direct the 2nd respondent to verify whether the fee proposed by the petitioner school is in commensurate with the facilities provided in the petitioner school in view of the provisions of Tamil Nadu School (Regulation of Collection of Fee) Act, 2009 by considering the materials, details and documents submitted by the petitioner's school on 23.8.2013 along with the Memorandum of Objections dated 23.8.2013. For petitioner : Mr. R. Bharathikumar For Respondents : Mr. P.Sanjay Gandhi Addl. Govt. Pleader - R1 & R2 No Appearance - R3

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) Learned counsel appearing for the petitioner seeks permission to withdraw the writ petition with liberty to agitate the issue before the Fee Determination Committee and makes an endorsement to the following effect :

" In SLP © No. 16 of 2013 filed by the Association of Management of Private Schools (CBSE) by an order dated 15.1.2015 was pleased to grant liberty to approach the Fee Determination Committee for fresh consideration.

Accordingly the petitioner has approached the Committee.

Therefore, this writ petition may be dismissed as withdrawn with liberty to agitate the issue before the Fee Determination Committee and thus render justice ".

2. In view of the above, the writ petition is dismissed as withdrawn with the aforestated liberty. Consequently, connected miscellaneous petitions are dismissed. No costs. Sd/- Asst. Registrar /true copy/ Sub Asst. Registrar.

ra

To

1. The Principal Secretary to Government, State of Tamil Nadu, School Education Department, Fort St. George, Chennai 600 009.

2. The Member Secretary, Private Schools Fees Determination Committee, PTA Building, DPI Campus, Chennai.9.

3. The Regional Officer, Central Board of School Education, New No.3, Old No.1630, J Block, 16th Main Road, Anna Nagar West, Chennai 600 040.

+1cc to Mr.R.Bharath Kumar, Advocate, S.R.No.11067 +1cc to the Government Pleader, S.R.No.11037 W.P. No.12888 of 2014 MSM(CO) CA(06/03/2015)