Anbagam Special School And v. Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 07.07.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.9609 of 2015 Anbagam Special School and Home for Mentally Retarded Children Rep. by its Director Sevaratna Dr.P.Veeramani Kayar Road Panangattupakkam Kolathur Post Chennai-127.
... Petitioner
Versus
1 Principal Secretary to Government Welfare of Differently Abled Persons Secretariat Chennai-600 009.
2 State Commissioner Welfare of Differently Abled Persons K.K.
Nagar Chennai-78.
.. Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the respondent to release the sanctioned Government Aid(Grant) to the petitioner and consider the representation dated 16.12.2014 as per G.O.Ms.No.32 dated 04.07.2014.
For Petitioner : Mr.S.Prabhu For Respondents : Mr.R.Vijayakumar Additional Government Pleader
O R D E R
By consent, the writ petition is taken up for final disposal.
2. The petitioner would submit that he is a Senior citizen and also otherwise abled and he is the Director of "Anbagam"- a special school and home for mentally retarded children and running the same for more than 15 years. The institution, for the purpose of caring the mentally retarded children, is generating its own funds and also with the financial help provided by the Government and other sponsors. The petitioner would further state that the said
institution was granted recognition in the year 2000 and was receiving aid from the Government of Tamilnadu as well as from the Central Government. The State Government has also recommended and sanctioned aid for the year 2013-14. It is registered under Section 52 of the Persons with Disabilities Act, 1995 for the period between 01.04.2008 and 30.03.2009.
3. The grievance expressed by the petitioner is that for the year 2013-14, no aid has been received from the Government. The petitioner has approached the concerned officials in person and requested them to sanction the aid, as non sanctioning of the funds may cripple the functioning of the institution and last of such representation was made on 18.03.2015 and since, no response is forthcoming, came forward to file this writ petition.
4. The Court heard the submissions of the learned counsel appearing for the petitioner and Mr.R.Vijayakumar, learned Additional Government Pleader, who accepts notice on behalf of the respondents.
5. Though, the petitioner prayed for a larger relief, this Court, in the light of the facts and circumstances of this case and without going into the merits of the claim projected by the petitioner in the writ petition, permits the petitioner to submit one more representation to the Principal Secretary to Government, Department of Social Welfare, Government of Tamilnadu, Secretariat, Chennai - 9, by enclosing a copy of this order as well as copies of his earlier representations within a period of two weeks from the date of receipt of a copy of this order and the said official on receipt of the same is directed to consider the same, in accordance with law and pass orders, within a period of four weeks thereafter and communicate the decision taken, to the petitioner.
6. The writ petition is disposed of, accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ars To 1 Principal Secretary to Government Welfare of Differently Abled Persons Secretariat Chennai-600 009.
2 State Commissioner Welfare of Differently Abled Persons K.K.
Nagar Chennai-78.
3. The Principal Secretary to Government, Departmente of Social Welfare, Government of Tamil Nadu, Secretariat, Chennai.
+1cc to Mr.S. Prabu, Advocate, S.R.No.33893 +1cc to the Government Pleader, S.R.No.34368 BVR(CO) EU(21/07/2015) W.P.No.9609 of 2015