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Madras High CourtWA/1103/2020disposed of

The State Of Tamil Nadu v. Kamala Vijay Vidhyalaya Matriculation School

2021-01-20Honourable The Chief Justice,Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.01.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.A.No.1103 of 2020

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

2. The Director of Matriculation Schools College Road, Chennai 6.

3. The District Educational Officer Bhavani, Erode District.

... Appellants/Respondents1,2 &5 Vs.

1. Kamala Vijay Vidhyalaya Matriculation School rep. by its Correspondent Govindarajan No.1912, Natarajapuram Kuruppanayakkan Palayam Bhavani Taluk, Erode District.

...Ist Respondent/Petitioner

2. The Tahsildar Taluk Office Bhavani.

3. The Deputy Director Deputy Director of Health Services Erode.

4. The District Fire Officer Fire and Rescue Operation Squad Erode District.

...

Respondents2 to 4/ Respondents 3,4 & 6

Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 09.09.2020 made in WMP No.14918 of 2020 in W.P.No.12180 of 2020 WMP.No.14918 of 2020:To stay all further proceedings of the 5th respondent dated 25.07.2020 made in Na.Ka.No.253/A4/2018 pending disposal of the above Writ Petition.

WP.No.12180 of 2020:Calling for the entire records pertaining to order dated 25.07.2020 made in Na.Ka.No.253/A4/2018 on the file of the 5th Respondent and quash the same consequently direct the 5th Respondent to give benefit of G.O.Ms.No.66 dated 03.08.2020 issued by the 1st respondent.

For Appellants : Mr.C.Munusamy Spl. Govt. Pleader For 1st Respondent : Mr.B.Kumaraswamy

JUDGMENT

(Delivered by the Hon'ble Chief Justice) The appeal is directed against an interim order passed on September 9, 2020. By such order, a stay of the impugned proceedings was granted. In addition, it was observed that the present writ petition would appear along with W.P.No.656 of 2013.

2. There is no reason indicated as to why the present writ petition should appear along with W.P.No.656 of 2013. In any event, it is submitted by the appellant that W.P.No.656 of 2013 has become infructuous and need not be gone into. Such position is disputed on behalf of the first respondent herein.

3. Nonetheless, since the order impugned is an interim order, the same does not call for any interference. However, this writ petition will be heard on its own stream and it is hoped that the appropriate Bench disposes of the writ petition as expeditiously as possible, without insisting on this matter being heard along with W.P.No.656 of 2013.

W.A.No.1103 of 2020 is disposed of with the above observation and without prejudice to the rights and contentions of the parties. There will be no order as to costs. CMP No.13453 of 2020 is closed as a consequence.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar kpl To

1. The Tahsildar Taluk Office Bhavani.

2. The Deputy Director Deputy Director of Health Services Erode.

3. The District Fire Officer Fire and Rescue Operation Squad Erode District.

+1 cc to the Government Pleader sr3043 +1 cc to Mr.B.Kumarasamy Advocate sr3444 W.A.No.1103 of 2020 nrjk(co) aa11/02/2021