Jdn Educational Trust v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.14997 of 2020 JDN Educational Trust Rep. by its Managing Trustee J.Devadas Nayagam, Old No.30, New No.25, School Road, Perambur, Chennai-11.

... Petitioner Vs.

1.The Government of Tamil Nadu, rep. by its Secretary, Higher Education Department, Fort St.George, Chennai - 9.

2.The Director of Collegiate Education, Directorate of Collegiate Education, 9th Floor, Ev.K.Sampath Maaligai, College Road, Nungambakkam, Chennai - 6.

3.University of Madras, Rep. by its Registrar, Centenary Building, Chepauk, Chennai-5.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, seeking Writ of Mandamus directing the respondents 1 and 2 herein to consider and pass orders on the application No.43/2019-20 dated 29.09.2018 for granting NOC for starting New Arts & Science College in the Name & Style of Magna College of Arts & Science College, Magaral Village, Tiruvallur Taluk and District for the Academic year 2020-21 onwards and pass orders.

For Petitioner : Mr.Muthumani Doraisami For Respondents : Mr.Akhil Akbar Ali, Government Advocate for RR1 & 2.

Mr.L.P.Shanmugasundaram, Special Government Pleader for R3.

O R D E R

This writ petition has been filed for the issue of Writ of Mandamus directing the first and second respondents to consider the application submitted by the petitioner on 29.09.2018, wherein the petitioner is seeking for granting of 'No Objection Certificate' for starting an Arts & Science College.

2.Heard Mr.Muthumani Doraisami, learned counsel appearing on behalf of the petitioner and Mr.Akhil Akbar Ali, learned Government Advocate, appearing on behalf of first and second respondents and Mr.L.P.Shanmugasundaram, learned Special Government Pleader, appearing on behalf of third respondent.

3.Taking into consideration the facts and circumstances of the case and without going into the merits of the case, there shall be a direction to the first and second respondents to consider the application submitted by the petitioner on 29.09.2018 and take a decision strictly in accordance with law, within a period of eight weeks from the date of receipt of copy of this order.

4.The petitioner is directed to make a fresh representation to the first and second respondents along with all the relevant documents and also a copy of this order. 5.This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Rm To 1.The Secretary, Government of Tamil Nadu, Higher Education Department, Fort St.George, Chennai - 9.

2.The Director of Collegiate Education, Directorate of Collegiate Education, 9th Floor, Ev.K.Sampath Maaligai, College Road, Nungambakkam, Chennai - 6.

3.The Registrar, University of Madras, Centenary Building, Chepauk, Chennai-5.

+1cc to Mr.L.P.Shanmugasundaram, Advocate SR.34929 +1cc to Mr.Muthumani Duraisamy, Advocate SR.34575 W.P.No.14997 of 2020 UM(CO) CB(07/12/2020)