P.Balasubramanian v. The Principal Secretary To Government
IN THE HIGH COURT OF JUDICATURE OF MADRAS
DATED: 17.07.2019
CORAM:
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN W.P.No.16384 of 2019 and WMP.No.16064 of 2019 P.Balasubramanian Correspondent, Wisdom Nursery and Primary School, Kamakkur Palayam, Arni Taluk, Tiruvannamalai District - 606 903.
...Petitioner
Vs
1. The Principal Secretary to Government of Tamil Nadu, School Education Department, Secretariat, Fort St.George, Chennai - 600 009.
2. The Director of Elementary Education, DPI Complex, College Road, Chennai - 600 006.
3. The Joint Director of Elementary Education, DPI Complex, College Road, Chennai - 600 006.
4. The Assistant Divisional Engineer, Tamil Nadu State Highways Department, Tiruchengode, Namakkal District.
5. The District Elementary Educational Officer-II, Thiruvannamalai District, Thiruvannamalai.
6. The Block Educational Officer-2, Arani West, Thiruvannamalai District, Thiruvannamalai.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus, calling for the entire records ending with the proceedings Na.Ka.No.642/A3/2019 dated 29.05.2019 of the fifth respondent and quash the same and direct the respondents to consider the petitioner's application dated 31.05.2018 for recognition pending with the fourth respondent.
For Petitioner : Ms.B.Priya For Respondents : Ms.V.Anna Lakshmi Govt. Advocate
O R D E R
The petitioner herein is running a Nursery and Primary School at Kamakkur Palayam, Arni Taluk, Tiruvannamalai District. Aggrieved by the closure notice issued by the 6th respondent, the petitioner has filed the present writ petition challenging the said order of closure.
2. The learned Government Advocate representing the respondents would submit that, subsequent to the communication of the 6th respondent dated 29.05.2019, the petitioner institution, given a representation for recognition and the same was forwarded by the 6th respondent to the 5th respondent/District Elementary Educational Officer-II, Arani. Pursuant to that, they have given an application for recognition, but, certain documents were not enclosed along with the application. Pursuant to that, the third respondent / the Joint Director of Elementary Education, Chennai, issued a proceeding in Na.Ka. 13103/F1/2019 dated 10.07.2019, wherein, he has recorded the undertaking given by the petitioner/institution that, the defects will be rectified within a period of two months by producing Form-D for the buildings, DTCP approval and the required documents.
3. In view of the above, nothing survives in this writ petition. However, the respondents are at liberty to take action against the petitioner, if they fails to comply with the undertakings given by them, within a period of two months.
4. With the above observations, the writ petition stands disposed of. No Costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar Pkn.
To
1. The Principal Secretary to Government of Tamil Nadu, School Education Department, Secretariat, Fort St.George, Chennai - 600 009.
2. The Director of Elementary Education, DPI Complex, College Road, Chennai - 600 006.
3. The Joint Director of Elementary Education, DPI Complex, College Road, Chennai - 600 006.
4. The Chief Educational Officer, Thiruvannamalai District, Thiruvannamalai.
5. The District Elementary Educational Officer-II, Thiruvannamalai District, Thiruvannamalai.
6. The Block Educational Officer-2, Arani West, Thiruvannamalai District, Thiruvannamalai.
+2 ccs to Mr.S.D.S.Philip, Advocate, S.R.No.60872 +1 cc to the Government Pleader, S.R.No.61982 W.P.No.16384 of 2019 NRL(CO) SSM(27/08/2019)