Our Lady Of Fathima v. The Directorate Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.07.2018

CORAM:

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.Nos.16697 to 16700, 16731 to 16736 and 16484 to 16491 of 2018 Our Lady of Fathima Matriculation School, Rep. by its Correspondent N.Victor Inbaraj, Adichanur, Kandachipuram TK, Villupuram District-605 758 ... Petitioner in W.P.No.16697 of 2018 VIJI VIDYALAYA MATRICULATION SCHOOL CORRESPONDENT T.

KARTHIKA THIRUTHARAKOSAMANGA RAMANATHAPURAM DISTRICT- 623 533.

... PETITIONER in WP No.16698 of 2018 SHIVA SAKTHI MATRICULATION SCHOOL REP BY ITS CORRESPONDENT D.DURAI SWAMY PANAMKUPPAM KOLIYANUR VILLUPURAM DISTRICT- 605 103.

... PETITIONER in WP No.16699 of 2018 JEEVA MATRICULATION SCHOOL REP BY ITS CORRESPONDENT R.MANGAIYARKARASI SUBRAMANIYAPURAM CUDDALORE TK CUDDALORE DISTRICT- 607 301.

... PETITIONER in WP No.16700 of 2018 SWAMI VIVEKANANDHA MATRICULATION SCHOOL REPRESENTED BY CORRESPONDENT K.P.ILLAMPARATHI ANDARKADU VEDARANIAM NAGAPATTINAM DISTRICT-614 810 ... PETITIONER in WP No.16731 of 2018 ANJANEYA MATRICULATION SCHOOL REP BY ITS CORRESPONDENT R.SHURNAVELMURUGAN SIVAPURAM ILLANCHEAMPUR POST MUTHUKULLATHUR TALUK RAMANATHAPURAM DISTRICT-623 704 ... PETITIONER in WP No.16732 of 2018

SHRI.MUTHURAJAM MATRICULATION SCHOOL REP BY ITS CORRESPONDENT P.

SHIVASANKAR KARKOIL VILLAGE SIRKALI TK NAGAPATTINAM DISTRICT-609 111 ... PETITIONER in WP No.16733 of 2018 ST.JOHNS MATRICULATION SCHOOL REP.BY CORRESPONDENT I.EDITH MANGAYARKARASI PALLIYADI P.O. KANYAKUMARI DISTRICT-629 169 ... PETITIONER in WP No.16734 of 2018 PERUN THALAIVAR KAMARAJAR MATRICULATION SCHOOL REP BY ITS CORRESPONDENT R.RAVICHANDRAN 1/153 A-10 KAMARAJAR NAGAR EAST STREET THALAVAIPURAM VIRUDHUNGAR DISTRICT-609 111 ... PETITIONER in WP No.16735 of 2018 BEST MATRICULATION HIGHER SECONDARY SCHOOL REP BY ITS CORRESPONDENT SSN.RAJKAMAL THENPATHI SIRKALI NAGAPATTINAM DISTRICT - 609 111 ... PETITIONER in WP No.16736 of 2018 NAPAC MATRICULATION SCHOOLS REP. BY ITS CORRESPONDENT PRABAKARAN NO.

1/149-B KUMARAGURUBARAN STREET SEMBANARKOIL NAGAPATTINAM DISTRICT ... PETITIONER in WP No.16484 of 2018 GOOD LUCK MATRICULATION SCHOOLS REP. BY CORRESPONDENT M.A.NAZIR AHAMED MAIN ROAD SRIKANDAPURAM KUTTALAM TALUK NAGAPATTINAM DISTRICT-612 203.

... PETITIONER in WP No.16485 of 2018 VELAMMA KALASETRA MATRICULATION SCHOOL REP. BY CORRESPONDENT V.RAMALINGAM VELAMMAL GARDEN NO.69A/D KEEZHA MANTHOPPU ST KUTTALAM NAGAPATTINAM DT-609 801.

... PETITIONER in WP No.16486 of 2018

SARADHAMBAL VIDYASHRAM MATRICULATION SCHOOL REP. BY CORRESPONDENT R.DHARMIYAN THETHAKUDI SOUTH VEDARANYAM NAGAPATTINAM DISTRICT-614 809.

... PETITIONER in WP No.16487 of 2018 JAIHIND MATRICULATION SCHOOL REP. BY ITS CORRESPONDENT M.

BALASUBRAMANIYAN SIVAN KOIL NORTH STREET THERAZHUNDUR KUTTALAM TALUK NGAPATTINAM DISTRICT-609 808.

... PETITIONER in WP No.16488 of 2018 MOUNT CARAMEL CONVENT NURSERY AND PRIMARY SCHOOL REP. BY CORRESPONDENT SR. SWATHI MAIN ROAD ERUKKUR SIRKALI TALUK NAGAPATTINAM DISTRICT-609 108.

... PETITIONER in WP No.16489 of 2018 SRI RAMAKRISHNA VIDYALAYA MATRIC HIGHER SECONDARY SCHOOL REP. BY CORRESPONDENT K.LEELAVATHI MANALMEDU MAYILADUTHURAI TALUK NAGAPATTINAM DISTRICT- 609 202 ... PETITIONER in WP No.16490 of 2018 VICTORIA MATRICULATION SCHOOL REP. BY CORRESPONDENT R.KUNJAPPAN THIRUMULLAIVASAL NAGAPATTINAM DISTRICT-609 113 .... PETITIONER in WP No.16491 of 2018 Vs.

THE DIRECTORATE OF MATRICULATION SCHOOLS, DPI CAMPUS, COLLEGE ROAD, CHENNAI-600 006.

... RESPONDENT IN ALL WPS Writ Petition No.16697 of 2018 filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondent to process the representation dated 28.06.2018 of the petitioner for upgradation of school recognition from Class Vth to VIIIth without insisting upon Building Plan approval from the Directorate of Town and Country Planning (DTCP) in view of the settled proposition of law, within a time frame that may be fixed by this Court.

WP No.16698 of 2018 Directing the respondent to process the representation dated 14.03.2018 of the petitioner for Upgradation of School Recognition from class L.K.G to VIIIth without insisting upon Building Plan approval from the Directorate of Town and Country time frame fixed by this Hon ble court.

WP No.16699 of 2018 Directing the respondent to process the representation dated 28.06.2018 of the petitioner for Upgradation of School Recognition from class Xth to XIIth without insisting upon Building Plan approval from the Directorate of Town and Country time frame fixed by this Hon ble court.

WP No.16700 of 2018 Directing the respondent to process the representation dated 28.06.2018 of the petitioner for Upgradation of School Recognition from class Xth to XIIth without insisting upon Building Plan approval from the Directorate of Town and Country time frame fixed by this Hon ble court.

WP No.16731 of 2018 Directing the Respondent to process the Representation dated 02.05.2018 of the petitioner for Upgradation of School Recognition from class VIth to Xth without insisting upon Building plan approval from the Directorate of Town and Country WP No.16732 of 2018 Directing the Respondent to process the Representation dated 29.06.2018 of the petitioner for Upgradation of School Recognition from class LKG to VIII th without insisting upon Building plan approval from the Directorate of Town and Country WP No.16733 of 2018 Directing the Respondent to process the Representation dated 29.06.2018 of the petitioner for Upgradation of School Recognition from class LKG to X th without insisting upon

Building plan approval from the Directorate of Town and Country WP No.16734 of 2018 Directing the Respondent to process the Representation dated 28.06.2018 of the petitioner for Upgradation of School Recognition from class X to XII th without insisting upon Building plan approval from the Directorate of Town and Country WP No.16735 of 2018 Directing the Respondent to process the Representation dated 28.06.2018 of the petitioner for Upgradation of School Recognition from class X to XII th without insisting upon Building plan approval from the Directorate of Town and Country WP No.16736 of 2018 Directing the Respondent to process the Representation dated 21.05.

2018 of the petitioner for Renewal of Recognition without insisting upon Building plan approval from the Directorate of Town and Country Planning (DTCP) in view of settled proposition of law within a time frame fixed by this Honourable Court WP No.16484 of 2018 Directing the respondent to process the representation dated 19.4.2018 of the petitioner for Upgradation of School Recognition from Class 10th to 12th without insisting upon Building Plan Approval from the Directorate of Town and Country WP No.16485 of 2018 Directing the respondent to process the representation dated 28.6.

WP No.16486 of 2018 Directing the respondent to process the representation dated 28.6.2018 of the petitioner for Upgradation of School Recognition from Class Vth to Xth without insisting upon Building Plan Approval from the Directorate of Town and Country WP No.16487 of 2018 Directing the respondent to process the representation dated 26.3.2018 of the petitioner for Upgradation of School Recognition from Class 8th to 10th without insisting upon Building Plan Approval from the Directorate of Town and Country WP No.16488 of 2018 Directing the respondent to process the representation dated 28.6.2018 of the petitioner for Upgradation of School Recognition from Class 10th to 12th without insisting upon Building Plan Approval from the Directorate of Town and Country WP No.

16489 of 2018 Directing the respondent to process the representation dated 16.3.2018 of the petitioner for Upgradation of School Recognition from Class Vth to Xth without insisting upon Building Plan Approval from the Directorate of Town and Country WP No.16490 of 2018 Directing the respondent to process the representation dated 28.6.2018 of the petitioner for Upgradation of School Recognition from Class 10th to 12th without insisting upon Building Plan Approval from the Directorate of Town and Country WP No.16491 of 2018 Directing the respondent to process the representation dated 28.6.

For Petitioner in all Wps : Mr.E.Vijay Anand For Respondent in all Wps : Mrs.V.Annalakshmi, Government Advocate

ORDER

The petitioners have come up with the present Writ Petitions seeking direction to the respondent not to insist upon the Building Plan approval from the Director of Town and Country Planning (DTCP) in respect of the upgradation of the petitioners' institutions as sought for in their respective representations to the respondent.

2. When the Writ Petitions are taken up for hearing, learned Government Advocate appearing for the respondent submitted that the issue involved in these Writ Petitions is covered by the order dated 04.07.2017 passed by this Court in W.P.No.15334 of 2017, wherein, this Court has directed the Respondent(s) therein to consider the petitioner's application seeking approval/permission to start Arts and Science College for Women, without insisting upon the production of approval of the building plan by the Department of Town and Country Planning. For better understanding, relevant portion of the said order is extracted hereunder:

"9. Therefore, by following the above said order passed by this Court in W.P.Nos.20890 and 20891 of 2016, dated 31.08.2016, which infact, followed by another learned Judge in W.P.No.9219 of 2017, dated 17.4.2017, this writ petition is disposed of, with a direction to the respondents to consider the application filed by the petitioner seeking for approval / permission to start the Arts and Science College for Women, without insisting upon the production of approval of the building plan by the Department of Town and Country Planing. In all other aspects, the petitioner shall satisfy the authorities viz., the respondents, if the certificates already produced by them are not sufficient enough insofar as those aspects are concerned. The respondents shall consider the application of the petitioner and pass appropriate orders within a period of four weeks from the date of production of

certificates. The petitioner shall produce the other required certificates before the authorities within a period of two weeks from the date of receipt of a copy of this order. ... "

3. On the same terms, this Court disposed of the following Writ Petitions also:

(i) W.P.Nos.682 and 683 of 2018, dated 19.01.2018 (ii) W.P.No.2148 of 2018, dated 15.02.2018

4. In fine, the present Writ Petitions are also disposed of on the same terms as mentioned in the above Writ Petitions. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar cs TO:

The Directorate of Matriculation Schools, DPI Campus, College Road, Chennai-600 006.

+3cc to Mr.E.Vijay Anand, Advocate sr.no.43336,43334,43335 +1cc to Government Pleader in sr.no.44039 W.P.Nos.16697 to 16700, 16731 to 16736 and 16484 to 16491 of 2018 GMR(CO) NR 17/07/2018