Madras High CourtWP/20872/2015disposed of

Bharathiyar Nursery v. The District Collector

2015-07-13Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13-07-2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.20872 of 2015 Bharathiyar Nursery & Primary School Rep. By its Correspondent L.Anbazhagan No.3/659, East First Street Sathya Colony Mannarai Post, Tirupur 7.

.. 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 19.5.2015.

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 Bharathiyar 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 2005, and is also assessed to property tax and the petitioner submitted an application for renewal of recognition and the same is pending with https://hcservices.ecourts.gov.in/hcservices/

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 20142015, 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 cc to Govt. Pleader vide, sr. 35415 +1 cc to Mr.M.Venkadeshan vide sr.35427 W.P.No.20872 of 2015 skv(co) kra(27/07) https://hcservices.ecourts.gov.in/hcservices/