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Madras High CourtWP/22863/2016disposed of

The Salem Kutturavu Sakkarai v. State Of Tamilnadu

2016-10-06Honourable Mr Justice B. Rajendran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.10.2016

CORAM

THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.No.22863 of 2016 The Salem Kutturavu Sakkarai Alai Polytechnic College Paniyalargal Padukappu Sangam, (Regn.No.112/NMK/16/07/2002) rep.by its Secretary A.Gnanaprakasam, 45(G) Murugan Nagar, Rasi Kumarapalayam, G.Mohanur, Namakkal District-630 075.

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Petitioner -vs1.State of Tamil Nadu, rep.by its Secretary to Government, Higher Education Department, Fort St.George, Chennai-600 009.

2.Secretary to Government, Industrial Department, Fort St.George, Chennai-600 009.

3.Commissioner of Sugar, E.V.R.Periyar Maligai, 690, Anna Salai, Nandanam, Chennai-35.

4.Director of Technical Education, Guindy, Chennai-25.

5.Mrs.V.Sivabakkiyam, The President, Board of Directors, The Salem Co-op.Sugar Mills Ltd., Mohanur, Namakkal District.

6.The Managing Director, The Salem Co-op.Sugar Mills Ltd., Mohanur, Namakkal District.

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Respondents

Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the fourth respondent to expedite the process of the conversion of Salem Coop Sugar Mills Polytechnic College to Government Polytechnic College as per the revised proposal sent by the third respondent in R.C.No.1891/ SL2/2015 dated 04.03.2016 and to forward it to approval of the first respondent. For Petitioner ::

Mr.S.Siva Shanmugham for Ms.D.Kalaiselvi For Respondents ::

Mr.A.Kumar, Special Government Pleader for R1 and R2 Mr.L.P.Shanmugasundaram, Special Government Pleader for R3 and R4 Mr.R.Bala Ramesh, Additional Government Pleader for R5 & R6

ORDER

This writ petition has been filed for a Mandamus to direct the fourth respondent to expedite the process of the conversion of Salem Coop Sugar Mills Polytechnic College to Government Polytechnic College as per the revised proposal sent by the third respondent in R.C.No.1891/ SL2/2015 dated 04.03.2016 and to forward it to approval of the first respondent. 2.When this writ petition came up before this Court on 31.08.2016, this Court has passed the following order:- "It is represented that take over of the Polytechnic College being run by the fourth respondent is under consideration of the Government. In the light of the welfare of the respondents and the residents of the locality, this Court is of the view that the Government has to expedite the matter and accordingly directed to consider the proposal and pass order as expeditiously as possible, on or before 30.09.2016. Call this writ petition on 05.10.2016."

3.Today, when the matter is taken up, counter has been filed on behalf of the fourth respondent. No order has been passed as per the earlier direction of this Court. But even in the counter, in paragraph-11, it is clearly stated that the proposal for conversion is still under the active consideration of the fourth respondent and after consideration, detailed

proposal will be sent to the Government.

4.In view of the above statement made in the counter, this Court is of the view that the matter has to be considered as stated by them in the counter in paragraph-11. Accordingly, the fourth respondent is directed to make a detailed proposal in the matter after considering the proposal for conversion, as stated in the counter in paragraph-11, and send it to the Government, within a period of four weeks from the date of receipt of a copy of this order, and on receipt of the same, the Government shall pass appropriate orders in accordance with law. 5.The writ petition is disposed of accordingly. No costs. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar KM To 1.The Secretary to Government, Government of Tamil Nadu, Higher Education Department, Fort St.George, Chennai-600 009.

2.The Secretary to Government, Government of Tamil Nadu, Industrial Department, Fort St.George, Chennai-600 009.

3.The Commissioner of Sugar, E.V.R.Periyar Maligai, 690, Anna Salai, Nandanam, Chennai-35.

4.The Director of Technical Education, Guindy, Chennai-25.

5.The Managing Director, The Salem Co-op.Sugar Mills Ltd., Mohanur, Namakkal District.

6.Board of Directors The Salem Co-op Sugar Mills Limited Mohannur namakkal District +2 cc to Government Pleader sr 58231 & 57891 W.P.No.22863 of 2016 aa19/10/2016