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Madras High CourtWP/30881/2004dismissed

Anitha Rani v. The State Of Tamilnadu

2017-08-11Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.08.2017 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI Writ Petition No.30881 of 2004 Anitha Rani ... Petitioner Vs.

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

2. The Director of School Education, Chennai-6.

3. District Primary Education Officer, Nagercoil, Kanniyakumari District.

4. The Government Middle School rep. by its Headmistress, Parakkai, Kanniyakumari District.

... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the order of the 3rd respondent in Na.Ka.No.1541/A2/2004 dated 06.10.2004, quash the same as illegal, void and ultravires and consequently, direct the respondents to allow G.O.Ms.No.525, School Education (D1) Department dated 29.12.1997 in respect of Government Middle School, Parakkai.

For petitioner : No appearance For respondents : Mrs.K.Bhuvaneswari Government Advocate ****

O R D E R

The prayer in the Writ Petition is to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order of the 3rd respondent in Na.Ka.No.1541/A2/2004 dated 06.10.2004, quash the same as illegal, void and ultravires and consequently, direct the respondents to allow G.O.Ms.No.525, School Education (D1) Department dated 29.12.1997 in respect of Government Middle School, Parakkai.

2.

Learned Counsel for the petitioner called absent. Heard the learned Government Advocate appearing for the respondents. 3.

The petitioner was appointed as a Secondary Grade Teacher, Lathoor Union Primary School, Thenpattinam, Chengleput District, as per the proceedings of the District Education Officer, Chengleput on 15.12.1989. On 29.05.1991, the petitioner was transferred to Manoor Union Middle School, North Cheizhia Nalloor, Tirunelveli District. Again, the petitioner was transferred to the Government Middle School, Parakkai. Challenging the said transfer

order dated 06.10.2004, the present Writ Petition came to be filed. 4.

On a perusal of the records, it appears that the stay application filed along with the main Writ Petition No.30881/2004 was dismissed as early as on 26.10.2004. Therefore, I do not think that there is anything survives for adjudication in this writ petition since the impugned order was passed in the year 2004 and the stay petition was also dismissed in the year 2004 by this Court. 5.

In view of all the above, the Writ Petition fails and the same is accordingly dismissed. No costs.

11.08.2017 tsi To

1. The Secretary, State of Tamil Nadu, Education Department, Fort St. George, Chennai-9.

2. The Director of School Education, Chennai-6.

3. District Primary Education Officer, Nagercoil, Kanniyakumari District.

4. The Government Middle School rep. by its Headmistress, Parakkai, Kanniyakumari District.

M.DHANDAPANI, J.

tsi W.P.No.30881 of 2004 11.08.2017