M/S.Bwda Nursery And Primary School v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 01.12.2021

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P.No.25566 of 2021 M/s.BWDA Nursery & Primary School, Represented by its Secretary C.Joslin Thambi, Kolliyangundam Village, Mailam Post, Thindivanam Taluk, ... Petitioner Vs.

1. The Director, Directorate of Matriculation Schools, DPI Campus, College Road, Chennai.

2. The Chief Educational Officer, Office of the Chief Educational Office, Villupuram.

3. The Block Educational Officer-I, Mailam Block (E) Kooderipattu,

4. The Tahsildar,

5. The Tamil Nadu Small Industries Development Corporation Ltd., Rep. By its Branch Manager, SIDCO Industrial Estate, Semmandalam, Cuddalore.

6. The President, Kolliyangunam Village Panchayat, Mailam Panchayat Union, ... Respondents

Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the first respondent to process the petitioner's application dated 20.06.2018 for upgradation from Nursery, Primary School to Matriculation School situated at Kolliyangunam Village, Tindivanam Taluk, Villupuram District based on the allotment order dated 08.05.1996 and followed by No objection Certificate dated 03.02.2021 issued by the 5th respondent and clearance given by the 6th respondent dated 04.08.2014 respectively in light of the petitioner compliance letter dated 09.04.2021, within the time frame fixed by this Court.

For Petitioners : Mrs.G.V.Seetha Lekshmi For Respondent : Mr.Stalin Abhimanyu R1 to R3 Additional Government Pleader (School Education) Mr.K.Karthikeyan R4 to R6 Government Advocate

O R D E R

This Writ Petition has been filed seeking a direction to the first respondent to process the petitioner's application dated 20.06.2018 for upgradation from Nursery, Primary School to Matriculation School based on the allotment order dated 08.05.1996.

2. The case of the petitioner is that the petitioner is running a nursery school in the above said address. The petitioner has made a representation to the first respondent dated 20.06.2018 for upgradation from Nursery, Primary School to Matriculation School. Till date, no order was passed. Hence, the petitioner has filed the present writ petition before this Court seeking appropriate relief.

3. The learned counsel for the petitioner submitted that this Court may issue a direction to the first respondent to consider the petitioners application dated 20.06.2018 within the time frame as fixed by this Court.

4. The learned counsel for the respondents submitted that the petitioner's application will be considered in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

5. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents 1 to 3 and the learned Government Advocate for the respondents 4 to 6 and perused the materials available on record.

6. Considering the facts and circumstances of the case and the submissions made on either side, this Court directs the first respondent to consider the petitioner's application dated 20.06.2018 on merits and in accordance with law within the period of four weeks from the date of receipt of a copy of this order.

7. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar Rli To

1. The Director, Directorate of Matriculation Schools, DPI Campus, College Road, Chennai.

2. The Chief Educational Officer, Office of the Chief Educational Office, Villupuram.

3. The Block Educational Officer-I, Mailam Block (E) Kooderipattu,

4. The Tahsildar,

5. The Branch Manager, The Tamil Nadu Small Industries Development Corporation Ltd., SIDCO Industrial Estate, Semmandalam, Cuddalore.

6. The President, Kolliyangunam Village Panchayat, Mailam Panchayat Union, +1cc to Mr.G.V.Seethalakshmi, Advocate SR.No.62495 +1cc to the Government Pleader SR.No.62988 W.P.No.25566 of 2021 GJ(CO) GN(22/12/2021)