← Library
Madras High CourtWP/17560/2019disposed of

Holy Cross Nursery v. The Director Of Elementary Education,

2019-07-05Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 05.07.2019 Coram::

The Honourable Dr.Justice G.Jayachandran W.P.No.17560 of 2019 & W.M.P.No.17038 of 2019 Holy Cross Nursery and Primary School, No.9, Subramaniapuram, Arakkonam Road, Tiruttani - 631 209, Rep. by its Correspondent, S.Sukumar, S/o.Selvam ... Petitioner /versus/

1. The Director of Elementary Education, DPI Campus, College Road, Chennai - 600 006.

2. The Chief Educational Officer, Thiruvallur District, Thiruvallur.

3. The District Educational Officer, Tiruttani Educational District, Thiruvallur District.

4. The Block Educational Officer, Tiruttani, Thiruvallur District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue Writ of Mandamus, directing the respondents to pass orders on the proposal submitted by the Petitioner School for grant of permission/recognition for standards LKG to 5th standard in satisfaction of all legal requirements, without reference to the condition relate to laying of RCC roof in the front portion of the petitioner School building, within a time frame to be fixed by this Hon'ble Court. For Petitioner : Ms.A.Maheshnath For Respondents : Mrs.P.Karitha, Government Advocate

O R D E R

O R D E R

Heard the learned counsel for the petitioner and the learned counsel for the respondents.

2. The petitioner herein has filed the present writ petition seeking direction of this Court to issue Writ of Mandamus directing the respondents to pass orders on the proposal submitted by the petitioner herein, for grant of recognition.

3. It appears that the petitioner herein somewhere in the year 2016, sent a proposal and same has been returned for compliance. Though, the petitioner submits that he has represented the proposal, that there is no details available on record. In any event, the 2nd respondent herein has caused notice to the petitioner on 04.02.2019 and 11.05.2019, to submit documents and issued show cause notice why the school should not be closed, for want of recognition. The petitioner herein has not properly submitted the required documents. Hence, the closure notice has been issued by the 2nd respondents on 28.06.2019, due to the subsequent development, the prayer in the Writ Petition is not sustainable.

4. Hence, the Writ Petition is dismissed. It is open to the petitioner herein to challenge the closure order of the Chief Educational Officer, Thiruvallur, vide order dated 28.06.2019, if he so advised. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar To,

1. The Director of Elementary Education, DPI Campus, College Road, Chennai - 600 006.

2. The Chief Educational Officer, Thiruvallur District, Thiruvallur.

3. The District Educational Officer, Tiruttani Educational District, Thiruvallur District.

4. The Block Educational Officer, Tiruttani, Thiruvallur District.

+1cc to Government Pleader sr.57349 W.P.No.17560 of 2019 & W.M.P.No.17038 of 2019 ev(co) nr 01/08/2019