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Madras High CourtWP/13312/2024disposed of

P.Thirugnanam, v. The Director

2024-05-09Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.05.2024 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA W.P.No.13312 of 2024 and W.M.P.No.14463 of 2024 P.Thirugnanam ... Petitioner Vs.

1.The Director, Private Matriculation School, Elementary Education, Professor Anbalagan Education Complex, Nungambakkam, Chennai 600 006.

2.The Chief Education Officer, District Collector Complex, 4th Floor, Mayiladuthurai, Mayiladuthurai - 609 001.

3.Mr.Srinivasan ... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing the respondents to consider the petitioner representation dated 13.04.2024 in accordance with law and declare the school having Regd.No.1922 (EMIS.No.33191000706) by the third respondent is unlawful and recognized by the first and second respondents in law. For Petitioner : Mr.R.Sankarasubbu For Respondents : Mr.K.H.Ravikumar Government Advocate for R1 and R2

O R D E R

This writ petition has been filed to direct the respondents to consider the petitioner's representation dated 13.04.2024 in accordance with law and declare the school having Regd.No.1922 (EMIS.No.33191000706) by the third respondent is unlawful and not recognized by the first and second respondents. 2.The learned counsel for the petitioner would submit that the petitioner's mother is the founder of Padmavathy Nursery and Primary School, Vilanthida Samuthiram, Sirkazhi Taluk, Mayiladuthurai District and she is having recognition to run classes up to 5th standard. The 3rd respondent, who was assisting the petitioner's mother, by using the testimonials of the petitioner's mother started another school in the name of the petitioner's School and had also obtained Registration No.1922 (EMIS.No.33191000706).

The learned counsel for the petitioner would submit that the petitioner has given a representation to the 1st respondent to take action against the 3rd respondent. However, no action has been taken and thereby, the present writ petition has been filed before this Court seeking for appropriate direction. 3.In reply, the learned Government Advocate appearing on behalf of the 1st and 2nd respondents submitted that the District Education Officer (Private), Mayiladuthurai District is the authorized person to enquire and take action in respect of the complaint.

However, the representation has been sent to a wrong person. He further submitted that if a representation is given to the District Education Officer (Private), Mayiladuthurai District, he will conduct an enquiry and place the report before the 1st respondent for proper action.

4.In view of the above, the petitioner is directed to give a fresh representation to the District Education Officer (Private), Mayiladuthurai District at the earliest and on receipt of the representation, the District Education Officer (Private), Mayiladuthurai District shall consider the petitioner's representation and conduct an enquiry after issuing notice to all the interested parties and submit a report to the 1st respondent, within a period of eight weeks from the date of receipt of a copy of this order. 5.This writ petition is disposed of with the above directions. No Costs. Consequently, connected miscellaneous petition is closed. 09.05.2024 Index : Yes/No Internet : Yes/No ssr/mkn To 1.The Director, Private Matriculation School, Elementary Education, Professor Anbalagan Education Complex, Nungambakkam, Chennai 600 006.

A.D.JAGADISH CHANDIRA , J.

ssr/mkn 2.The Chief Education Officer, District Collector Complex, 4th Floor, Mayiladuthurai, Mayiladuthurai - 609 001.

W.P.No.13312 of 2024 and W.M.P.No.14463 of 2024 09.05.2024