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Madras High CourtWP/21952/2021disposed of

C.Sarathambal v. The Directorate Of Elementary Education

2024-04-24Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.23154 of 2021 C.Sarathambal

...Petitioner

-Vs1. The Directorate of Elementary Education, School Education Department, DPI Complex, College Road, Chennai - 6.

2. The Chief Educational Officer, Cuddalore District, Cuddalore.

3. The District Educational Officer, Cuddalore Educational District, Cuddalore.

4. Ramar

4. Murugavalli ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents 1 to 3 from granting any approval to the fourth and fifth respondents for running a school in the property in survey number 94/3 situated in Anguchettypalayam Village, Panruti Taluk, Cuddalore District measuring

to an extent of 13 cents till the disposal of the final decree petition filed by the petitioner in I.A.No.85 of 2019 in O.S.No.17 of 2017 on the file of the Principal District Court, Cuddalore.

For Petitioner : Mr.C.Karthik For Respondents For R1 to R3 : Mr.V.Manoharan Additional Government Pleader For R4 & R5 : Mr.P.Ganesan For Mr.M.Kaviveerappan

ORDER

This writ petition has been filed for forbearing the respondents 1 to 3 from granting any approval to the fourth and fifth respondents for running a school in the property in survey number 94/3 situated in Anguchettypalayam Village, Panruti Taluk, Cuddalore District measuring to an extent of 13 cents till the disposal of the final decree petition filed by the petitioner in I.A.No.85 of 2019 in O.S.No.17 of 2017 on the file of the Principal District Court, Cuddalore. 2.

Heard the learned counsel appearing on either side and perused the material places before this Court.

3.

Considering the prayer sought for in this writ petition, the third respondent is directed to conduct enquiry, in respect of granting approval to the respondents 4 & 5 for running school, after issuance of notice to the petitioner and the respondents 4 & 5 herein and after given them an opportunity of hearing pass orders on merits and in accordance with law. Till the conclusion of enquiry, the respondents 1 to 3 shall not pass an order of approval to the respondents 4 & 5 school. 4.

With the above directions, the Writ Petition stands disposed. Consequently, connected miscellaneous petition is closed. There shall be no orders as to costs.

24.04.2024 Index : Yes/No Speaking/Non Speaking order rts

G.K.ILANTHIRAIYAN. J, rts To

1. The Directorate of Elementary Education, School Education Department, DPI Complex, College Road, Chennai - 6.

2. The Chief Educational Officer, Cuddalore District, Cuddalore.

3. The District Educational Officer, Cuddalore Educational District, Cuddalore.

and W.M.P.No.23154 of 2021 24.04.2024