Smg Anjalai Ammal Educational v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.09.2016

CORAM:

THE HON 'BLE MR. JUSTICE T.S.SIVAGNANAM Writ Petition No.32788 of 2016 SMG Anjalai Ammal Educational Society, Rep. By the President, Mr. M.Latchumanan, M.Sc., Agri, DLL., D.Lit., Thiruvannamalai Road, Thirukkanur - 605 501 Pondicherry

...Petitioner

Versus

1. The Secretary to Government (Agriculture), O/o. Secretariat, Government of Pondicherry, Beach Road, Pondicherry

2. The Director, O/o. Director of Agriculture, Puducherry

...Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus to direct the respondents to consider the petitioner's application dated 23.05.2016 for No Objection Certificate to grant permission to start the course of B.Sc., in Agriculture for the academic sessions 2017-18.

For Petitioner : Mr. S.Gajendran For Respondents : Mr. C.T.Rammesh, AGP.,

O R D E R

Heard Mr.S.Gajendran, learned counsel for the petitioner and Mr.C.T.Rammesh, learned Additional Government Pleader for the respondents. By consent of the learned counsel for both sides, the writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner is an Educational Society, registered under the provisions of the Societies Registration Act, on the file of the Registrar of Companies, Puducherry, vide Registration No.10 of 1993, dated 21.09.1993. The petitioner intends to establish an Agricultural College and Research Institute at Puducherry with the affiliation from the Puducherry University from the academic year 2017-18. The petitioner's society claims to be in the field of Educational Service for the past twenty-seven years and they have established Higher Secondary Schools, B.T., and B.Ed., colleges for the upliftment of the rural people. Therefore, on the same lines, the petitioner seeks permission to establish an agricultural educational institution. The application given by the petitioner before the first respondent has been forwarded to the second respondent for appropriate action, vide I.D.Note, dated 12.08.2016.

3. The learned Additional Government Pleader, who accepts notice on behalf of the respondents, would submit that the second respondent may be directed to place his views to the first respondent for further action.

4. Accordingly, there will be a direction to the second respondent to consider the petitioner's application, which has been forwarded by the first respondent, vide proceedings, dated 12.08.2016, and submit an appropriate report to the first respondent, within a period of four weeks from the date of receipt of a copy of this order. On receipt of such report, the first respondent shall consider and pass appropriate orders, on merits and in accordance with law, within a period of four weeks, thereafter.

5. With the above observations, this writ petition is disposed of. No costs.

Sd/- Asst.Registrar (J) /true copy/ Sub Asst. Registrar srk To

1. The Secretary to Government (Agriculture), O/o. Secretariat, Government of Pondicherry, Beach Road, Pondicherry

2. The Director, O/o. Director of Agriculture, Puducherry 1 CC to Mr. S.Gajendran, Advocate, SR. 53228 1 CC to Government Pleader, SR 53289 W.P.No.32788 of 2016 MSM(CO) PSI 05/10/2016