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Madras High CourtWP/11210/2019disposed of

N.Valarmathi v. State Of Tamil Nadu,

2019-04-30Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.04.2019

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.11210 of 2019 and W.M.P.No.11589 of 2019 N.Valarmathi .. Petitioner vs.

1. State of Tamil Nadu Rep by its Special Secretary to Government, School Education Department, Fort St.George, Chennai 600 009.

2. The Director, Directorate of Elementary Education, DPI Campus, College Road, Chennai 600 006.

3. The Chief Educational Officer, Government Girls Higher Secondary School Campus, Egmore, Chennai 600 008.

4. The District Educational Officer (East) Government Model Boys Higher Secondary School Campus, Lady Willington College Campus, Triplicane, Chennai 600 005.

5. The Block Educational Officer, Royapuram Range, Royapuram, Chennai 600 011.

6. The Correspondent R.J.R.Government Aided Middle School, 12/66, Thiagappa Street, Korukkupet, Chennai 600 021 .. Respondents PRAYER: Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondents from closing 6th respondent School against the provisions of the Private Schools Regulations Act

and direct the respondents to continue to run the 6th respondent-School by allowing the students to undergo education in the School by appointing a Special Officer under Section 18 (A) of the Act.

For Petitioner : Mr.G.Sankaran For Respondents 1 to 5 : Ms.P.Kavitha Government Advocate

O R D E R

The Writ Petition is filed seeking for issuance of Writ of Mandamus forbearing the respondents from closing the sixth respondent School against the provisions of the Private Schools Regulations Act and direct the respondents to continue to run the sixth respondent-School.

2. The Writ Petition itself is filed by the parent of one of the students. Ms.P.Kavitha, learned Government Advocate appearing for the respondents 1 to 5 has filed the counter affidavit stating that the Chief Educational Officer had recommended for the closure of the School as early as on 07.12.2018, which was followed by the closure order dated 10.01.2019 issued by the Directorate of Elementary Educational Officer.

3. The relief sought for by the petitioner is only a Mandamus. However, in view of the fact that the closure order has been passed by the Directorate of Elementary Educational Officer, the prayer made in the Writ Petition has become infructuous. It is open to the petitioner or any other person aggrieved to challenge the closure order in the manner known to law.

4. Accordingly, the Writ Petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Duputy Registrar(CJ.Conf) //True copy// Sub Assistant Registrar srn

To

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

2. The Director, Directorate of Elementary Education, DPI Campus, College Road, Chennai 600 006.

3. The Chief Educational Officer, Government Girls Higher Secondary School Campus, Egmore, Chennai 600 008.

4. The District Educational Officer (East) Government Model Boys Higher Secondary School Campus, Lady Willington College Campus, Triplicane, Chennai 600 005.

5. The Block Educational Officer, Royapuram Range, Royapuram, Chennai 600 011.

+1cc to Mr.G.Sankaran, Advocate SR.No.43298 +1cc to Government Pleader SR.No.43308 +1cc to Special Government Pleader (CO-OP)SR.No.40678 W.P.No.11210 of 2019 and W.M.P.No.11589 of 2019 SVI(CO) GMY(24/05/2019)