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Madras High CourtWP/8774/2023dismissed

Sri Nandhanam Educational And Social Welfare Trust, v. The Principal Officer

2023-03-21Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Sri Nandhanam Educational and Social Welfare Trust, Represented by its Chairman PMN.Mohan Krishnaa ... Petitioner Vs.

The Principal Officer Mercantile Marine Department, Anchor Gate Building, 2nd Floor, Rajaji Road, George Town, Chennai - 1.

... Respondent Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent not to proceed with the predetermined inspection done on 15.03.2023 and conduct a fresh inspection under the supervision a neutral person appointed by this Hon'ble Court.

For Petitioner : Mr.B.Manoharan For Respondent : Mr.K.Ramanamoorthy CGSC

O R D E R

The petitioner has filed this writ petition seeking issuance of 1/4

Writ of Mandamus directing the respondent not to proceed with the predetermined inspection done on 15.03.2023 and to conduct a fresh inspection under the supervision of a neutral person appointed by this Court.

2.The case of the petitioner is that the petitioner is running higher education institutions which educate the needy rural, downtrodden students in Tirupattur District and surrounding areas. The petitioner Trust is also running Maritime Training Department in the name and aegis of Sri Nandhanam College of Engineering and Technology. The respondent conducted surprise inspection in the College on 15.03.2023, however, suspended the inspection. Hence, the petitioner made representation through email requesting the respondent to have inspection with a neutral person and conveyed that they are going to approach this Court and filed this writ petition. 3.The learned counsel appearing for the petitioner submitted that it would suffice to issue direction to the respondent to pass appropriate orders, as early as possible.

4.Though the petitioner has filed this writ petition seeking 2/4

Mandamus directing the respondent not to proceed with the predetermined inspection done on 15.03.2023 and to conduct a fresh inspection under the supervision of a neutral person appointed by this Court, the respondent has the power to inspect the petitioner institution and accordingly the respondent team conducted surprise inspection on 15.03.2023, however, it was suspended due to inability to arrive at mutually agreeable verbatim. Thereafter, the petitioner made representation through email requesting the respondent to have inspection with a neutral person.

5.Since the respondent is vested with the power to conduct surprise inspection, the relief sought for in this writ petition cannot be granted. Liberty is granted to the respondent to proceed with the inspection in accordance with law.

6.The writ petition is accordingly dismissed. No costs. 21.03.2023 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No 3/4

M.DHANDAPANI,J.

pri To The Principal Officer Mercantile Marine Department, Anchor Gate Building, 2nd Floor, Rajaji Road, George Town, Chennai - 1.

21.03.2023 4/4