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Madras High CourtWP/14834/2019allowed

Sri Vinayaga Educational Trust v. The State Of Tamil Nadu

2019-05-23Honourable Mr Justice Rmt. Teekaa Raman3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.05.2019

CORAM:

THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN Writ Petition No.14834 of 2019 and WMP No.14816 of 2019 Sri Vinayaga Educational Trust No.2A, Chola Raja Kovil Street Ozhunginasery Nagercoil Kanyakumari - 629 301 Rep. by its Chairman, Mr.I.Krishnapillai ..Petitioner Vs

1. The State of Tamil Nadu Rep by its Principal Secretary to Government, Higher Education Department, Secretariat, Fort St. George, Chennai 600 009.

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

3. The Regional Joint Director of Collegiate Education, Tirunelveli Region, Gandhi Nagar, Thirunelveli - 627 008.

...Respondents

PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, or any other appropriate Writ or Order or Direction, in the nature of Writ, directing the first and second respondents to pass orders on the application submitted by the petitioner trust dated 17.09.2018 and the subsequent proposal forwarded by the third respondent in Na.Ka.No.3807/A3/2019 dated 13.05.2019 and to grant permission to the petitioner's trust to start Arts and Science College in the name of 'CAPE College of Arts and Science' at Aralvaimozhi, Kanyakumari District from the academic year 2019-2020 within a time frame to be fixed by this Court.

For Petitioner : Mr.G.Sankaran For Respondents: Mr.K.Karthikeyan Special Government Advocate

O R D E R

The petitioner/ Educational Trust filed this Writ Petition, to direct the first and second respondents to pass orders on the application submitted by the petitioner-Trust, dated 17.09.2018 and the subsequent proposal forwarded by the third respondent in Na.Ka.No.3807/A3/2019 dated 13.05.2019 and to grant permission to the petitioner-Trust to start Arts and Science College in the name of 'CAPE College of Arts and Science' at Aralvaimozhi, Kanyakumari District from the academic year 2019-2020 within a time frame to be fixed by this Court. 2.The said representation dated 17.09.2018 was made by the petitioner and at the time of commencement of the College, it has been forwarded by the third respondent/ Regional Joint Director of Collegiate Education to the second respondent/ Director of the Collegiate Education, Chennai on 13.05.2019.

Taking into consideration, the fact that the academic year is to be commenced in the month of June 2019 without expressing any opinion, on the merits of the matter, there shall be a direction to the first and second respondents to dispose of the said representation on merits and in accordance with law, within a period of six weeks from the date of receipt of copy of this order.

3. The Writ Petition is disposed of with the above direction. No order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(V.O) //True Copy// Sub Assistant Registrar vrn/vkr To:

1. The Principal Secretary to Government, State of Tamil Nadu, Higher Education Department, Secretariat, Fort St. George, Chennai 600 009.

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

3. The Regional Joint Director of Collegiate Education, Tirunelveli Region, Gandhi Nagar, Thirunelveli - 627 008.

+1cc to Mr.G.Sankaran, Advocate, S.R.No.44185 Writ Petition No.14834 of 2019 NRJK(CO) RRS(27/05/2019)