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Madras High CourtWP/24011/2011disposed of

Doveton Group Of School v. The Government Of Tamil Nadu,

2018-03-23Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :23.03.2018

CORAM

THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P.Nos.24011 & 24012 of 2011 and M.P.Nos.1,1,1,2,2,2,2,3,3,3,3 of 2011 and M.P.Nos.1,1,1 & 2,2 of 2012 Doveton Group of School Student Parent Welfare Association Rep.by its President, N.Anand, No.28/81, Millers Road, Kilpauk, Chennai - 600 010 ..Petitioner in both W.Ps vs 1.The Government of Tamil Nadu, Rep.by its Secretary, Department of School Education, St.George Fort, Secretariat, Chennai - 600 002.

2.Private School Fees Determination Committee, Rep.by its Member Secretary, PTI Building, DIP Complex, College Road, Chennai - 600 006.

3.Director of School Education, DPI Complex, College Road, Chennai - 600 006.

4.Inspector of Anglo Indian Schools, DPI Complex, College Road, Chennai - 600 006.

... RR1 to 4 (in both) 5.The Correspondent, Doveton Boy's Higher Secondary School, Veppery, Chennai - 600 007. .. (R5 in WP.24011/11) The Correspondent, Doveton Boy's Higher Secondary School, Veppery, Chennai - 600 007.

(R4 in WP. 24012/11) Prayer in W.P.No.24011 of 2011: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the 5th respondent and quash the notice dated 01.10.2011 issued by the

5th Respondent School to pay excess fee and directing the 5th respondent School to collect only the difference of amount between the fees fixed by 2nd respondent Committee and 4th respondent herein.

Prayer in W.P.No.24012 of 2011: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the 5th respondent and quash the notice dated 01.10.2011 issued by the 5th Respondent School and direct the 5th respondent to collect only the balance of the amount between the fees paid by the students for the academic year 2010-11 and the fees fixed by the 4th respondent in its order dated 06.07.2009 for the academic year 2011-12.

For Petitioner(in both W.Ps) :Mr.P.G.Thiyagu For Respondents(in both W.Ps) :Mr.C.Munusamy, Spl GP for R1 to R4 Mr.N.D.Bahety for R5 C O M M O N O R D E R When the matters were taken up for consideration, the learned counsel for the petitioner, on instructions, submitted that the issue involved herein has become infructuous and hence, nothing survives for adjudication.

2.Recording the same, both the writ petitions are closed, leaving it open to the petitioner to challenge the demand, if any, made by the management of the School over and above the fee fixed by the committee. No costs. Consequently, connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar(CS III) //True copy// Sub Assistant Registrar kak To 1.The Secretary to Government of Tamil Nadu, Department of School Education, St.George Fort, Secretariat, Chennai - 600 002.

2.The Member Secretary, Private School Fees Determination Committee, PTI Building, DIP Complex, College Road, Chennai - 600 006.

3.Director of School Education, DPI Complex, College Road, Chennai - 600 006.

4.Inspector of Anglo Indian Schools, DPI Complex, College Road, Chennai - 600 006.

+1cc to Mr.N.D.Bahety, Advocate SR.No.22529 W.P.Nos.24011 & 24012 of 2011 RV(CO) GN(25/04/2018)