Shri Akshaya Nursery & Primary v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13-07-2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.20862 of 2015 Shri Akshaya Nursery & Primary School Rep. By its Correspondent P.Vijayakumari 7th Street, Golden Nagar Mannarai Post, Tirupur.
.. 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 Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the second respondent to call for report from the respondents 3 and 4 in respect of the petitioner's application for recognition and grant recognition to the petitioner school considering the representation preferred by the petitioner dated 19.6.2015.
For Petitioner : Mr.M.Venkadeshan For Respondents : Mrs.P.Rajalakshmi Government Advocate
ORDER
By consent, the writ petition itself is taken up for final disposal.
2.The deponent of the affidavit filed in support of this writ petition viz. the Correspondent of the petitioner-School, would state that the School is established by Shri Akshaya Educational Trust, and the land on which it stands, is owned by him at Mannarai Village, Tirupur, and the said School was started in the year 20052006, and is also assessed to property tax and the petitioner submitted an application for renewal of recognition and the same is https://hcservices.ecourts.gov.in/hcservices/
pending with the fourth respondent. He would further state that the petitioner has also got necessary clearance from the Department of Fire and Rescue Services and the Department of Public Health and Preventive Medicines and also building licence; however, the second respondent has ordered the closure of the School from the academic year 2014-2015, vide proceedings dated 15.5.2015, by pointing out certain deficiencies and in this regard, the petitioner submitted a representation to the second respondent stating that the deficiencies pointed out, have been complied with and since no orders have been passed, came forward to file this writ petition. 3.Heard the submissions of the learned Counsel appearing for the petitioner, and Mrs.P.Rajalakshmi, learned Government Advocate, who accepted notice on behalf of the respondents. 4.
This Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner, directs the fourth respondent to inspect the School premises within a period of two weeks from the date of receipt of a copy of this order, and submit a report to the second respondent, who, on receipt of the same, shall pass orders within a period of two weeks thereafter and communicate the decision taken, to the petitioner. The writ petition is disposed of accordingly. No costs.
Sd/- Asst.Registrar (J) /true copy/ Sub Asst. Registrar nsv 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.
+1 cc to Government Pleader, sr. 35404.
W.P.No.20862 of 2015 rsi(co) kra(29/07) https://hcservices.ecourts.gov.in/hcservices/