Azad Nursery & Primary v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :15.02.2018

CORAM

THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.17405 of 2015 and M.P.Nos.1 & 2 of 2015 Azad Nursery & Primary School Rep.by its Correspondent Mohamed Thelha No.8, Poonoolkadu 3rd Street, Kangeyam Road, Tiruppur - 641 604 ..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 Elementary Educational Officer, Tirupur District, Tirupur - 641 601.

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

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 2nd respondent vide Na.Ka.No.4739/A4/2014 dated 15.05.2015 and quash the same as illegal and consequently direct the 2nd and 3rd respondents to grant recognition to the petitioner school viz.AZAD NURSERY & PRIMARY SCHOOL, No.8, Poonoolkadu 3rd Street, Kangeyam Road, Tirupur - 641 604, considering the representation preferred by the petitioner dated 27.05.2015.

For Petitioner : M/s.M.Venkadeshan For Respondents : Mr.A.Rajaperumal Additional Government Pleader

O R D E R

This writ petition is directed against the order of the 2nd respondent dated 15.05.2015, whereby the petitioner school was directed to be closed. Further, a direction is sought for the respondents 2 & 3 to grant recognition to the petitioner school, by considering petitioner's representation dated 27.05.2015.

2.When the matter was taken up for consideration, the learned counsel for the petitioner submitted that the petitioner school has been shifted to some other place and hence, the petitioner may be permitted to submit a fresh application before the authorities concerned, seeking recognition. 3.The learned Additional Government Pleader appearing for the respondents has no serious objection in granting such relief to the petitioner.

4.Considering the facts and circumstances of the case and having regard to the submission made by the learned counsel on either side, this Court permits the petitioner to submit a fresh application enclosing all the required documents along with the 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, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Deputy Registrar(CS) //True Copy// Sub Assistant Registrar kak

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 Elementary Educational Officer, Tirupur District, Tirupur - 641 601.

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

+1cc to Mr.M.VENKADESHAN, Advocate, S.R.No. 12239 +1cc to the Government Pleader, S.R.No. 12479 W.P.No.17405 of 2015 TR(13/03/2018)