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Madras High CourtWP/5545/2015disposed of

Bethaniya Rehabilitation v. The State Commissioner For

2015-03-03Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.03.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.5545 of 2015 Bethaniya Rehabilitation School ... Petitioner for Mentally Retarded Children Action for Water & Rural Dev. Trust Rep. Mng. Trustee D.Bengamin Yorthan Nagar Dharapuram Tk Tiruppur Dt.

Vs

1. The State Commissioner for Differently Abled Jawaharlal Nehru Inner Ring Road K.K.Nagar Chennai-600 078.

2. The District Differently Abled Welfare Officer Tiruppur Tiruppur District. ... Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 1st respondent to renew the recognition to the petitioner School. For Petitioner :

Mr.S.Parthasarathy For Respondents :

Mr.R.Vijayakumar, AGP

ORDER

Heard Mr.S.Parthasarathy, learned counsel for the petitioner and Mr.R.Vijayakumar, learned Additional Government Pleader, accepting notice on behalf of respondents.

2. The petitioner is a rehabilitation school for the mentally challenged children, which has been established and functioning in Dharapuram Taluk, Tiruppur District. The petitioner seeks for a direction upon the 1st respondent to renew their recognition within a stipulated time.

3. It is seen that the petitioner applied for extension of recognition vide application dated 02.04.2013. It appears that the said application was processed by the 2nd respondent and forwarded to https://hcservices.ecourts.gov.in/hcservices/

the 1st respondent. The 1st respondent has called for further particulars from the 2nd respondent vide communication dated 16.09.2014 viz., Building structural stability certificate from PWD Engineer/Charted Engineer, copy of remittance challan for Rs.200/-, Auditors report for 2013-2014 and Annual Report for 2013-2014. These particulars sought for from the 2nd respondent has been forwarded by the 2nd respondent to the 1st respondent along with the letter dated 08.10.2014. Now, the matter is pending before the 1st respondent for consideration.

4. The learned Additional Government Pleader submitted that if all the documents have been submitted as called for, the 1st respondent will consider the same and some reasonable time may be granted to the 1st respondent for passing orders.

5. In the light of the above, if the petitioner has fulfilled all the requirements and submitted all the documents through proper channel, then the 1st respondent is directed to consider the petitioner's application for renewal of recognition and pass orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. In the event if certain compliances are still required to be complied with, such order shall be passed by the 1st respondent within the same period. With the above observations, the writ petition is disposed of. No costs.

Sd/- Asst. Registrar /true copy/ Rg Sub Asst. Registrar. To

1. The State Commissioner for Differently Abled Jawaharlal Nehru Inner Ring Road K.K.Nagar Chennai-600 078.

2. The District Differently Abled Welfare Officer Tiruppur Tiruppur District. +1cc to M/s.S.Partha Sarathi, Advocate, S.R.No.11466 +1cc to the Government Pleader, S.R.No.11848 WP.No.5545 of 2015 GG(CO) CA(05/03/2015) https://hcservices.ecourts.gov.in/hcservices/