Cbse Schools Management Association v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.09.2021

CORAM

THE HON'BLE Mr.JUSTICE M.SUNDAR W.P.No.20426 of 2021 CBSE Schools Management Association (CSMA) (Regn.No.88/2014) Rep. by its Secretary, Mr.P.Ashok Shankar No.249A, Ganapathi Pudur Street No.3, Sathi Main Road Coimbatore - 641 006.

... Petitioner -Vs.- The Government of Tamil Nadu Rep. by its Principal Secretary Department of Municipal Administration Fort St.George, Chennai-600 009.

... Respondent Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondent to consider the representation of the petitioner dated 21.04.2021 and thus, consider directing various Municipalities and Panchayats in the State of Tamil Nadu to grant waiver of the payment of Building Tax payable by the Schools that are the members of the Petitioner Association. For Petitioner :

Mr.T.Gowthaman For Respondent :

Mr.NRR.Arun Natarajan Government Advocate

O R D E R

Mr.T.Gowthaman, learned counsel on record for writ petitioner is before this Virtual Court.

2. Captioned writ petition is in the Admission Board.

3. Learned counsel for the writ petitioner at the outset submitted that he would restrict his prayer in the captioned main writ petition to the first limb i.e., that limb which seeks a Mandamus qua disposal of writ petitioner's representation dated 21.04.2021. To put it differently, learned counsel abridges the prayer in the main writ petition and submits that it will suffice if there is a direction/Mandamus qua respondent for disposal of writ petitioner's representation which is at page Nos.13 and 14 of typed set of papers and the same reads as follows:

4. Mr.NRR.Arun Natarajan, learned State counsel accepts notice on behalf of lone respondent. Learned State counsel submits that if there is a direction from this Court to dispose of the representation, the plea of writ petitioner has to be examined on its own merits and in accordance with the obtaining position of law. There is no difficulty in accepting this submission.

5. In the light of the narrative thus far, more particularly in the light of the trajectory the matter has taken in the

Admission Board, captioned Writ Petition is disposed of with a simple directive to sole respondent to consider and dispose of writ petitioner's representation dated 21.04.2021 bearing Reference No.:CSMA/PS-MAWS/011/21-22 (scanned and reproduced supra) on its own merits and in accordance with law as expeditiously as the official business of respondent would permit and in any event, within four weeks from today i.e., on or before 22.10.2021. It is made clear that it is open to the respondent to call for further information/inputs from the writ petitioner if deemed necessary. The proceedings disposing of the writ petitioner's aforementioned representation shall be communicated to writ petitioner under due acknowledgment within five working days from the date of disposal. There shall be no order as to costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar mk To The Principal Secretary, Government of Tamil Nadu Department of Municipal Administration Fort St.George, Chennai-600 009.

+1cc to Mr.T.Gowthaman, Advocate, S.R.No.49731 +1cc to the Government Pleader, S.R.No.49753 W.P.No.20426 of 2021 RSI(CO) CS/12/10/2021