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Madras High CourtWP/16567/2015disposed of

A.K.M.Nursery & Primary School v. The District Collector,

2018-03-16Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.03.2018

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No.16567 of 2015 and MP.No.1 of 2015 A.K.M.Nursery & Primary School rep. by its Correspondent A.Syed Athil ...

Petitioner Vs 1.The District Collector, O/o.the District Collector, Tirupur District, Tirupur.

2.The Chief Educational Officer, O/o.the Chief Educational Officer, Tirupur District, Tirupur.

3.The District Educational Officer, Tirupur District, Tirupur - 641 601.

4.The Assistant Elementary Educational Officer (South) Tirupur District, Tirupur.

... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the second respondent vide Na.Ka.No.4739/A4/2014 dated 19.05.2015 and quash the same as illegal and consequently direct the 2nd and 3rd respondents to grant recognition to the petitioner school viz., A.K.M. Nursery & Primary School, Near Pallivasal, Serankadu First Street, Pudur Road, Tiruppur-641 608, considering the representation preferred by the petitioner dated 27.05.2015. For Petitioner : Mr.M.Venkadeshan For R1 to R4 : Mr.V.Annalakshmi

ORDER

This writ petition is directed against the order of the second respondent dated 19.05.2015, whereby the petitioner

school was directed to be closed. Further, a direction is sought for the respondents 2 and 3 to grant recognition to the petitioner school, by considering the petitioner's representation dated 27.05.2015.

2.Though the petitioner has raised very many averments challenging the order impugned herein, the learned counsel for the petitioner, on instructions, submitted that it would suffice, if the petitioner is permitted to submit a fresh application before the authorities concerned seeking recognition, for which, the learned counsel for the respondents has no serious objection.

3.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court permits the petitioner to submit a fresh application seeking recognition, enclosing all the necessary documents along with a copy of this order, to the authorities concerned, within a period of two weeks from the date of receipt of a copy of this order. On such submission, the authorities concerned shall consider the said application and pass appropriate orders on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner, within a period of six weeks thereafter.

4.Accordingly, this writ petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. rk Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar To 1.The District Collector, O/o.the District Collector, Tirupur District, Tirupur.

2.The Chief Educational Officer, O/o.the Chief Educational Officer, Tirupur District, Tirupur.

3.The District Educational Officer, Tirupur District, Tirupur - 641 601.

4.The Assistant Elementary Educational Officer (South) Tirupur District, Tirupur.

+1cc to Mr.M.Venkadeshan, Advocate SR.No.20629 +1cc to Government Pleader Sr.No.20485 GMI(CO) sm:6.4.2018 W.P.No.16567 of 2015